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WORLD TRADE G/SG/N/1/KOR/3 14 November 1997 ORGANIZATION (97-4993) Original: English Committee on Safeguards NOTIFICATIONS OF LAWS, REGULATIONS AND ADMINISTRATIVE PROCEDURES RELATING TO SAFEGUARD MEASURES KOREA The following communication, dated 10 October 1997, has been received from the Permanent Mission of Korea _ Pursuant to Article 12.6 of the Agreement on Safeguards, the Republic of Korea hereby notifies the Committee on Safeguards of modifications in the relevant provisions of Korea's Foreign Trade Act and its Enforcement Decree, which were revised in December 1996 and February 1997, respectively FOREIGN TRADE ACT Wholly Amended by Act No 5211, 30 December 1996 CHAPTER IV INVESTIGATION INTO INJURY TO INDUSTRY CAUSED BY IMPORTS SECTION Request and Investigation Article 26 (Request for Investigation into Injury to Domestic Industry Caused by Increased Imports of Specified Goods) (1) If the domestic industry is deemed to fall under any of the following subparagraphs, and person who has interests in such domestic industry and the head of the administrative authority concerned which takes charge of the industry (hereinafter referred to as "interested persons") may request the Trade Commission as prescribed in Article 32 (hereinafter referred to as "Trade Commission") to investigate injury caused by the imports of specified goods or supply of trade and distribution services (hereinafter referred to as "import, etc of specified goods") to the relevant domestic industry: Where an increase in import of specified goods causes or threatens to cause serious injury to a domestic industry producing the like or directly competitive ones; Where an increase of supply of trade and distribution services by a foreigner (including a legal entity, more than half of whose shares or stocks are held by a foreigner) causes or threatens to cause serious injury to a domestic industry which supplies the like or directly competitive trade and distribution services; or Where imports of goods in violation of the patent, utility model, industrial design and trademark, copyright, neighbouring copyright, and programme copyright and layoutdesign of semi-conductor integrated circuit which are protected in Korea, causes or threatens to cause any injury to a domestic industry which produces directly competitive goods (2) As respects the categories of persons who have interest in the domestic industry, or the procedures of requests under Paragraph (1) above, necessary matters shall be determined by the Presidential Decree Article 27 (Investigation into Injury to Domestic Industry Caused by Increase of Specified Imported Goods) (1) The Trade Commission shall, upon receiving a request under Article 26, decide whether to commence the investigation or not within 30 days from the date of request after consulting with the heads of the administrative authorities concerned, and give notice to the requesting person as to the decision (2) In cases where the Trade Commission considers it necessary, upon requests under Article 26(1), or upon the result of investigation by subparagraph of Article 35, to commence an investigation into injury to the domestic industry caused by imports of specified goods or by supply of trade and distribution services and begins to investigate the injury, the Trade Commission shall make a determination as to the existence of injury to the domestic industry concerned within 120 days after the commencement of such investigation However, in cases where contents to be investigated are complicated, or where the requesting person requests, with justifiable reasons presented, the period above to be extended, the period of investigation may be extended up to another 120 days SECTION Recommendation and Application of Remedial Measures Article 28 (Recommendation, etc of Temporary Restriction on Imports) (1) When the Trade Commission has determined that there exists any injury to the domestic industry as a result of the investigation into injury to the domestic industry, it may recommend to the heads of the administrative authorities concerned to take any of the following measures (hereinafter referred to as "remedial measures") in a specified period, within 45 days from the date of determination: Quantity restrictions on imports of the goods; Adjustment of customs tariff; Subsidization to manufacturing industries, agriculture, forestry and fishery industry, mining industry, small and medium sized businesses, and technology, by relevant enactments; Designation of the industry which is subject to the investigation as an industry to be rationalized under the Industry Development Act; Suspension or prohibition of imports against specified goods or traders (limited to the cases falling under subparagraph of Article 26(1); or Other measures as determined by the Presidential decree for the purpose of providing a remedy to the domestic industry (2) The heads of the administrative authorities concerned shall, upon receiving a recommendation on remedial measures under Paragraph (1), decide within 45 days whether to take the remedial measures or not, and shall give notice to the Trade Commission In this case, if preparatory measures for the implementation of such remedial measures such as consultation with major interested countries, amendment of enactments, etc are required, the period needed for it shall not be included therein (3) When the head of the administrative authority concerned takes remedial measures, he shall take into consideration any effect on international trade relations and the national economy (4) When the head of the administrative authority concerned has taken remedial measures under Paragraph (2), if it is deemed that there exist causes to undo such remedial measures, such as the extinction of the fact on which the measure is based, and the like, they shall be undone In this case, he may hear, if necessary, the opinion of the Trade Commission Article 29 (Provisional Measures) (1) When the Trade Commission considers that if it does not take an urgent measure even during the investigation under Article 27 the domestic industry which is subject to the investigation would or might suffer irrecoverable injury, it may recommend to the heads of the administrative authorities concerned to take provisional remedial measures provided for in subparagraph of Article 28(1) (hereinafter referred to as "provisional measures") (2) The text of Article 28(2) and the provisions of Article 28(3) and (4) shall be applied mutatis mutandis to the case as referred to in Paragraph (1) Article 30 (Review) (1) The Trade Commission may review the impacts, effects, etc of remedial measures taken by the head of the administrative authority concerned under Article 28(2) or 29(1) on the domestic industry and recommend to the heads of the administrative authorities concerned modification, withdrawal, or extension of application period of such measures (2) The provisions of Article 28(2) and (3) shall be applied mutatis mutandis to the case as referred to in Paragraph (1) SECTION The Trade Commission Article 32 (Establishment of Trade Commission) (1) The Trade Commission shall be attached to the Ministry of Trade, Industry and Energy) so as to carry out investigation, determination, and recommendation of remedial measures which are necessary to remedy injury to the domestic industry caused by increased imports of specified goods, increased supply of trade and distribution services, or unfair imports (2) There shall be an office of investigation in the Trade Commission for the performance of functions and duties of the Trade Commission, such as various investigations and research on international trading system under Paragraph (1) Article 33 (Composition, etc of Trade Commission) (1) The Trade Commission shall consist of members of not more than nine, including a chairman (2) There shall be permanent members, the number of whom shall be determined by the Presidential Decree (3) The chairman and members shall be appointed by the President upon the proposal of the Minister of Trade, Industry and Energy from among those who have vast knowledge and experiences on industry, trade, commerce, law or accounting (4) The terms of chairman and members shall be three years and be renewable (5) In cases where the chairman may not perform his functions and duties for unavoidable reasons, one of the permanent members nominated in advance by the chairman shall carry out his functions and duties Article 34 (Protection of Status of Chairman and Commissioners) No chairman or members shall be discharged from his office against his will, save for cases falling under any of the following subparagraphs: In cases where he is sentenced to punishment of imprisonment without forced labour or more severe; or In cases where he cannot perform his functions or duties for a long period because of physical or mental incapacity Article 35 (Functions of Trade Commission) Functions of the Trade Commission shall be as follows: To decide as of whether to commence investigation by Article 27, and to determine as to whether there exists injury to industry; To recommend remedial measures by Article 28(1); To recommend provisional remedial measures by Article 29(1); To examine impacts or influences on the domestic industry, and to recommend modification or withdrawal of the remedial measures concerned, or for the extension of the period of application in accordance with Article 30(1), To investigate and recommend orders for corrective measures, or imposition of penalty in accordance with Articles 39(3) and (4); To decide as of whether to commence investigation for the imposition of anti-dumping duties and countervailing duties under Article 10 of the Customs Duties Act and Article 13 of the said Act, to investigate into facts of dumping and subsidization, to investigate and determine injury to the industry caused by such dumping and subsidization, to recommend anti-dumping measures and countervailing measures, and to review, etc; To investigate into impacts by imports of specified goods or by supply of trade and distribution services upon the competitiveness of the domestic industry; To investigate and research rules and regulations on international trade, international trading systems and cases as to disputes relating to international trade; or To investigate other matters which appear to the Trade Commission to be necessary for the promotion of fair trade, or to recommend Article 36 (Challenges to Chairman or Members) No chairman or member may take part in the deliberation or decision of a case falling under any one of the following subparagraphs: Where he has interest in the result of the case; Where his spouse, or relatives by blood of not more than 8th degree of relationship by consanguinity or of not more than 4th degree of relationship by affinity has interest in the result of the case; or Where he is a witness, appraiser or representative Article 37 (Quorum) Meetings of the Trade Committee shall be convened by a half or more of all the members, and decisions shall be made by a vote of half or more of members present Article 38 (Rules as to Organization and Operation) Besides matters prescribed by this Act, other matters necessary for the organization and operation of the Trade Commission shall be determined by the Presidential Decree ENFORCEMENT DECREE OF THE FOREIGN TRADE ACT CHAPTER IV INVESTIGATION INTO INJURY TO INDUSTRY CAUSED BY IMPORTS SECTION Request and Investigation Article 61 (Those who Have Interest in the Domestic Industry) The term "person who has interests in such domestic industry" in Article 26(1) of the Act means the following persons: Provided that, in the case as referred to in subparagraph 1, the producer importing considerable quantities of such goods may be excluded: Producers who occupy 20/100 or more of the output or the number of enterprises in the domestic industry: Provided that, in the case of the agriculture, forestry and fishery industry, five or more producers of such goods; Providers of services, who occupy 20/100 or more of the supplied amount or the number of enterprises in the domestic industry; Person to be protected under the domestic laws and regulations concerned, in the case as prescribed in subparagraph of Article 26(1) of the Act; or Association, partnership or industrial union composed of producers in the domestic industry or providers of such goods or services Article 62 (Request for Investigation of Injury to Industry) (1) Any person who desires to request under Article 26(1) of the Act (hereinafter referred to as "requesting person"), that the injury to the domestic industry caused by import, etc of specified goods is investigated (hereinafter referred to as "industrial injury investigation"), shall submit a written request specifying the following matters (hereinafter referred to as "written request") with necessary documentary evidence to the Trade Commission: Denomination, standards, properties and uses of the goods, the name of producer or contents, kinds, features and uses of the service and the name of the provider; Exporter, importer and actual import record (quantity and amount) of the goods, estimated import quantity thereof in a specified period, or provider, person to be provided and actually supply record of the service, and estimated supply amount in a specified period; Denomination, standards, properties and uses of the domestic goods of the like or directly competitive and the name of producer thereof, or contents, kinds, features and uses of the service and the name of the provider; Provided that, in the case as prescribed in subparagraph of Article 26(1) of the Act, the infringed right, etc and the contents thereof shall be specified; Situation in which import, etc of specified goods cause or threaten to cause serious injury; Contents and extent of the support which the domestic industry receives under laws and regulations relating to manufacturing industry, agriculture, forestry and fishery industry, mining industry, small and medium sized business, and technology; Contents, extent and period of measures requested to remedy injury to the domestic industry; and In the case where the appended materials are submitted under the condition that they be treated as confidential, the reason thereof Article 63 (Determination of Commencement of Industrial Injury Investigation) (1) In determining whether or not an industrial injury investigation is to be commenced under Article 27(1) of the Act, the Trade Commission may determine not to commence the investigation in any of the following cases: Where the written request and documentary evidence are incomplete and the requesting person is instructed to supplement them, but he fails to comply with it; or Where, as a result of examination of the written request and documentary evidence, it is not certified that import, etc., of the specified goods cause or threaten to cause serious injury (2) When the Trade Commission determines whether or not the industrial injury investigation is to be commenced under Article 27(1) of the Act, it shall publish the fact in the Official Gazette Article 64 (Constitution, etc of Investigation Committee on Injury to Industry) (1) If it is deemed necessary for conducting an industrial injury investigation, the Trade Commission may constitute an investigation committee composed of the following persons (hereinafter referred to as "investigation committee"): Public officials who belong to the Trade Commission; Public officials under control of the administrative authority taking charge of the industry concerned; Officers and staff of a government-contributed institute or organization related to the industry concerned; Persons having qualification for lawyer, patent attorney or certified public accountant; and Other persons with a wide range of knowledge and experience in industry, trade and the international economy (2) If the Trade Commission desires to constitute an investigation committee as referred to in Paragraph (1), it may request any necessary cooperation from the heads of the administrative authorities concerned, heads of government-contributed institutes or organizations concerned (3) The Trade Commission may pay any allowances or travelling expenses to members of the investigation committee within the limit of the budget; Provided that, in the case where a public official becomes a member of the investigation committee directly in connection with affairs which he is in charge of, no allowance shall be paid (4) The investigation committee as referred to in Paragraph (1) shall conduct investigations on the following matters: Trend of increase of the import quantity or service supply and the reason thereof; Cases and degree of serious injury which import etc., of the specified goods cause or threaten to cause; In the case as referred to in subparagraph of Article 26(1) of the Act, facts on whether the right, etc are infringed, and the scale of injury which the domestic industry suffers therefrom; Present situation and prospect of the international competitiveness of the domestic industry concerned and the degree of self-help to improve the international competitiveness of the domestic business circles; Effective remedial measures for the domestic industry concerned and effects of such measures on export, related industries, consumers' interest, trade relations, etc; and Other things the Trade Commission deems necessary Article 65 (Enforcement of Industrial Injury Investigation) (1) If it is deemed necessary for the industrial injury investigation, the Trade Commission may request a presentation of materials from the head of the administrative authority concerned, the head of the related institution or organization and other persons having interest in investigation of injury to the industry (hereinafter referred to as "interested persons") In this case, the requested person shall comply with the request unless there is any special reason (2) If it is deemed necessary for the industrial injury investigation, the Trade Commission may dispatch the investigation committee to the trade counterpart country, and have it examine the possibility, etc., of the increase of the export to Korea (3) If it is deemed necessary for the purpose of statement of opinion or consultation, etc with the opposite interested persons, any interested person may request the Trade Commission to hold a public hearing In this case, any witness or informant who attends the public hearing by the request of the Trade Commission may receive the travelling expenses within the limit of the budget (4) The interested person may state at any time his opinion to the Trade Commission on whether or not the domestic industry is injured and on remedial measures, or may submit his opinion in writing in the period of investigation as prescribed in Article 27(2) of the Act (5) When an interested person requests an inspection of materials submitted by the requesting person or other interested person, the Trade Commission shall comply with it unless there is any special reason In this case, the request of the interested person to inspect materials shall be made in writing with the reason thereof and the list of materials specified Article 66 (Prohibition of Use of Materials related to Investigation for purposes other than that of investigation) Members of the Trade Commission and investigation committee may not use materials acquired from, or facts submitted by the interested person in connection with the industrial injury investigation for purposes other than the industrial injury investigation Article 67 (Treatment of Materials concerning Business Secrets) (1) If an application and materials presented in connection with it fall under any of the following subparagraphs, the applicant or the interested person may request the Trade Commission to treat them as materials concerning business secrets, and in this case the applicant or interested person shall submit a non-confidential summary: Materials concerning the manufacturing cost; Materials concerning the selling price and transaction quantity of each business connection; Materials concerning the production process and equipment or internal accounts; Materials concerning any person furnishing secret information; or Other materials which might cause injury to the enterprise by opening them to the competitors (2) The Trade Commission shall, upon receiving a request as referred to in Paragraph (1) from the applicant or interested person, decide whether or not such materials are to be treated as ones concerning business secrets, and shall notify the applicant or interested person of the contents of its decision (3) Materials concerning business secrets shall not be opened to the public or inspected by the public for the purpose other than that of industrial injury investigation without a clear and express consent of the person who has presented them (4) Matters to be decided for the application and treatment of materials concerning business secrets shall be determined by the Trade Commission Article 68 (Termination, etc of Industrial Injury Investigation) (1) If any of the following occurs during the investigation period as prescribed in Article 27(2) of the Act, the Trade Commission may terminate the investigation: Where the requesting person has withdrawn the request for the industrial injury investigation; or Where a conciliation contract between the requesting person and the interested person is concluded in case as prescribed in subparagraph of Article 26(1) of the Act (2) When the Trade Commission terminates the investigation under Paragraph (1), it shall publish it in the Official Gazette and notify it to the requesting person Article 69 (Matters to be Examined in Determining Whether or not Industry is Injured) (1) When the Trade Commission determines under Article 27(2) of the Act whether or not the domestic industry is injured, it shall examine the following matters: Whether or not the import quantity or service supply by foreigners is increasing; Whether or not serious injury is caused to the domestic industry; Whether or not serious injury is threatened to the domestic industry; Whether or not any decrease in sales of the domestic industry or any loss occurs or might occur due to the import of the goods, in case as prescribed in subparagraph of Article 26(1) of the Act; Whether or not imports of specified goods cause or threaten to cause serious injury to the relevant domestic industry; and The characteristics of the domestic industry and relation between the industrial policy and the industries concerned, effects on the national economy such as the domestic price, interests of consumers, etc., trade relations and other social and cultural factors (2) As respects contents of sub-para (2) of para (1) above, evaluations as to whether or not the domestic industry is suffering from significant overall impairment shall be made in consideration of changes in sales, production, productivity, capacity utilization, profits, losses, employment, inventories, market share, etc (3) As respects contents of sub-para (3) of para (1) above, evaluations shall be made as to whether or not injury, subject to para (2) above, is clearly imminent (4) In the case where the domestic industry as referred to in Paragraph (1) falls under the agriculture and forestry industries with respect to matters as referred to in subparagraphs and of Paragraph (1), the Trade Commission may, taking account of the features of such agriculture and forestry industries, determine detailed matters to be examined through a consultation with the head of the administrative authority concerned Article 70 (Notification of Decisions as to Whether Injury to Industry Exists) In the event of decisions, subject to Article 27(2) of the Act, as to whether or not there exists injury to the domestic industry, the Trade Commission shall give public notice with regard to contents of such decision upon Official Gazettes, and notify applicants and interested persons Article 71 (Request, etc for Reinvestigation) (1) The requesting person may, upon receiving a notification as prescribed in Article 70 above that there does not exist injury to the industry, request a reinvestigation to the Trade Commission by submitting a written request specifying the reason of reinvestigation together with the documentary evidence (2) If the Trade Commission accepts the request as referred to in Paragraph (1) and decides to conduct a reinvestigation, the provisions of Articles 63 to 70 shall be applied mutatis mutandis to this reinvestigation (3) Such reinvestigations as provided for in para (2) above shall not be commenced within a year from the date on which the Trade Commission made a decision as to whether or not there existed injury to the industry, unless there are obvious reasons for the commencement of such reinvestigation SECTION Recommendation and Taking of Remedial Measures Article 72 (Recommendation of Remedial Measures) If the Trade Commission desires to recommend a remedial measure under Article 34(1) of the Act, it shall examine comprehensively the opinions of the head of the administrative authority taking charge of the domestic industry, and the associations, partnerships, etc., which are related with the domestic industry Article 73 (Contents, etc of Remedial Measures) (1) Support provided by laws and regulations under subparagraph of Article 34(1) of the Act relating to industrial support, which aims to improve technology and productivity, shall be as follows: Support from various funds to which the Government contributes to protect, promote or convert the domestic industry or support with regard to taxation; Reeducation or job-conversion training for employees in the domestic industry; or Other support of technical development, etc., by government-contributed research institutions (2) The term "other measures as determined by the Presidential Decree for the purpose of the relief of the domestic industry" used in subparagraph of Article 28(1) of the Act shall be as follows: Measures for the national security or for the prevention of danger and injury to the lives and health of citizens; or Other measures as deemed necessary for relieving injury to the domestic industry Article 74 (Application, etc., of Remedial Measures) (1) The periods of remedial measures under subparagraphs (1) or (2) of Article 28(1) of the Act shall not exceed four years However, when the Trade Commission recommends extension of the period of the remedial measures under Article 76(3), remedial measures may be extended to, but not exceeding, eight years in total including the period for provisional remedial measures (2) Where remedial measures under subparagraphs (1) or (2) of Article 28(1) of the Act are taken, the content of remedial measures must be liberalized gradually (3) In the case of quantitative restrictions on imports as safeguard measures pursuant to sub-para (1) of Article 28(1) of the Act, imports shall not be reduced below the level of a recent period which shall be the average of imports in the last three representative years, unless clear justification is given that a different level is necessary to prevent or remedy serious injury (4) With respect to the product to which remedial measures under subparagraphs (1) or (2) of Article 28(1) have been taken, if the period for which remedial measures had been applied has not passed since the last day of the previous measures (if the period of remedial measures does not exceed two years, then before the passage of two years), other remedial measures under subparagraphs (1) or (2) of Article 28(1) shall not be applied again However, if one year has elapsed since the date of introduction of remedial measures on the imported products and in addition, if remedial measures have not been applied on the same product more than twice during the previous 50 year period, remedial measures with a duration of 180 days or less may be applied again to the product Article 75 (Recommendation, etc., on Provisional Measures) (1) The Trade Commission may make ex officio or upon a request of the applicant a recommendation to take a provisional measure to the heads of the administrative authorities as prescribed in Article 29(1) of the Act (2) The Trade Commission shall, upon receiving a request for recommendation on a provisional measure under Paragraph (1), decide whether or not to make such recommendation on the provisional measure within 30 days after the request is made: however, if the contents of investigation are complex, the period may be extended within the limit of 30 days (3) When the Trade Commission has recommended a provisional measure under Paragraph (1), if the industry investigated is agriculture and forestry industries, the head of the administrative authority concerned shall decide whether or not it will take such provisional measure within 15 days after it receives such recommendation: provided that, if it is required to go through any necessary procedure such as consultation with the administrative authority concerned, related agencies or organizations, etc., to enforce such provisional measure, the period for such procedure shall not be included (4) The period of a provisional measure shall not exceed 200 days after such measure is taken, and such measure shall lose its effect from the day on which it is decided under Article 27(2) of the Act that no industry is injured or from the day on which the remedial measure decided by the head of the administrative authority concerned under Article 28(2) of the Act becomes effective Article 76 (Review, etc.) (1) Where the duration of remedial measures taken by the head of the administrative authority concerned in accordance with the provisions of Article 28(2) of the Act exceeds three years, the Trade Commission shall determine whether or not to change or withdraw such remedial measures by reviewing necessities for changes or withdrawal thereof not later than 120 days preceding the mid-term of the remedial measures (2) In the case of a request from an applicant by 120 days prior to the end of the duration of remedial measures, or where it deems necessary, the Trade Commission shall review necessities for changes of such remedial measures or extension of the duration thereof (3) Where it deems necessary for changes of a measure or extension of the duration thereof to prevent or remedy serious injury to the industry with the results of review in conformity with the provisions of para (2) above, the Trade Commission may recommend the head of the administrative authority concerned to take remedial measures by 45 days prior to the end of the duration of such measure (4) Where it deems necessary for review in accordance with para (1) or (2), the Trade Commission may request the head of the administrative authority concerned which is in charge of the domestic industry to which injury investigation is subject, relevant agencies or associations, to submit import records of information relating to the production trends of the domestic industry SECTION The Trade Commission Article 83 (Management of Meetings) (1) Meetings of the Trade Commission shall be made public Except where it is recognized that it is necessary for the protection of confidential business information or for public interests, they may not be made public (2) The Trade Commission may have interested persons or witnesses attend meetings to present their views or necessary materials (3) As respects witnesses called upon to attend meetings in accordance with para (2) above, travel expenses may be paid within budgetary limits (4) The chairman may call a meeting of the Trade Commission and preside over it (5) Where he wishes to call a meeting, the chairman shall give notice, in writing, to each member of the Trade Commission seven days prior to the opening of meeting by determining date and time, place, and agenda of the meeting This paragraph shall not apply where there are imminent or unavoidable causes Article 84 (Matters for Deliberation or Decisions) Matters for deliberation or decisions by the Trade Commission shall be as set out in each of the following sub-paras: Observations made by the Trade Commission pursuant to Article 28(4) of the Act; Matters relating to decisions, awards and recommendations provided for in Article 35 of the Act; Matters relating to decisions as to reinvestigation pursuant to Article 71(2) above; Matters relating to closed meetings pursuant to Article 83(1) above; Matters relating to making or reforming managerial rules pursuant to Article 86 below; or Other matters referred to by the chairman as important Article 85 (Payment, etc of Fees) As respects the chairman and members of the Trade Commission, fees, travel expenses, etc may be paid within budgetary limits Article 86 (Managerial Rules) As respects investigation, decisions and awards of injury to the industry, recommendation of safeguards, etc., matters for the operation and procedures of the Trade Commission other than those provided for in this Decree shall be determined by the Trade Commission ?? G/SG/N/1/KOR/3 Page G/SG/N/1/KOR/3 Page ... subparagraphs: Where he has interest in the result of the case; Where his spouse, or relatives by blood of not more than 8th degree of relationship by consanguinity or of not more than 4th degree of relationship... not there existed injury to the industry, unless there are obvious reasons for the commencement of such reinvestigation SECTION Recommendation and Taking of Remedial Measures Article 72 (Recommendation... the remedial measures under Article 76 (3) , remedial measures may be extended to, but not exceeding, eight years in total including the period for provisional remedial measures (2) Where remedial