제19410호                                    관              보                2018. 12. 31.(월요일)
           3.       Notwithstanding paragraphs 1 and 2, commercial vehicles6) shall comply with the
           KMVSS items identified in the attached Annex. On request of either Party, the
           Automotive Working Group as established by Annex 9-B of the KORUS shall discuss
           modification of the Annex, including its coverage.
           4.     (a)       In exceptional circumstances, where the operation of paragraph 1 or 2
                        creates a serious risk for road safety, human health, or the environment based
                        on substantiated scientific or technical information, Korea may take measures
                        necessary to address the risk, provided that the measures are not applied in a
                        manner      which   would   constitute   a   means   of   arbitrary   or   unjustifiable
                        discrimination against the products of the other Party or a disguised restriction
                        on trade.
                  (b)       Before it implements any such temporary emergency measure, and as soon
                        as practicable, Korea shall notify the United States and the importer, and
                        provide an objective, reasoned and sufficiently detailed explanation of the
                        motivation of the measure. Korea should in most cases provide interested
                        persons and the United States a reasonable opportunity to comment on the
                        measure.
           5.     (a)       Neither Party shall prevent or unduly delay the placing on its market of a
                        motor vehicle product on the ground that the product incorporates a new
                        technology or a new feature which has not yet been regulated unless the
                        Party can demonstrate, based on scientific or technical information, that this
                        new technology or new feature creates a risk for human health, safety, or the
                        environment.
                  (b)       When a Party decides to refuse the placing on its market or require the
                        withdrawal from its market of a motor vehicle product on the ground that the
                        product incorporates a new technology or a new feature creating a risk for
                        human health, safety, or the environment, the Party shall immediately notify
                        the other Party and the importer of the product of its decision. The
                        notification shall include all relevant scientific or technical information.”; and
(3)        making consequential adjustments to the footnote numbering so that footnote 6 of the
2011 Letters becomes footnote 7; footnote 7 of the 2011 Letters becomes footnote 8; footnote 8 of
the 2011 Letters becomes footnote 9; and footnote 9 of the 2011 Letters becomes footnote 10.
           Each Party shall notify the other Party of the completion of its legal requirements and

  6)   “Commercial vehicles” does not include pickup trucks with a gross vehicle weight of 4.5 metric tons
       or less that comply with all U.S. FMVSS relevant for that vehicle type and are produced for general
       consumers rather than custom-built to a specific order.
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