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the customs authorities of commencement of proceedings to determine the
merits has expired; and (c) all other conditions for importation have been
complied with.
Article 53.2 provides that the payment of such security shall not prejudice any
other remedy available to the right holder and that the security shall be released
if the right holder fails to pursue the right of action within a reasonable period
of time.
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(vi) Notice of suspension
Article 54 provides for the prompt notification of both the importer and the
applicant of the suspension of the release of goods under Art 51.
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(vii) Duration of suspension
Article 55 provides for the release of suspended goods by the customs author-
ities, provided that all other conditions for importation or export have been
complied with, if
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within a period not exceeding 10 working days after the applicant has been served
notice of the suspension, the customs authorities have not been informed that proceed-
ings leading to a decision on the merits of the case have been initiated by a party other
than the defendant, or that the duly empowered authority has taken provisional
measures prolonging the suspension of the release of the goods.
The Article provides for an extension of the time-limit by another ten working
days in 'appropriate cases'.
Where proceedings leading to a decision on the merits of a case have been
initiated, the defendant is permitted by Art 55 to request a 'review, including a
right to be heard' with a view to deciding, within a reasonable period, 'whether
these measures should be modified, revoked or confirmed'.
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Finally Art 55 provides that where the suspension of the release of goods is
carried out or continued in accordance with a provisional judicial measure, Art
50.6 shall apply to require that the suspension shall be revoked or cease to have
effect if proceedings leading to a decision on the merits of the case are not
initiated within a reasonable period, to be determined by the judicial authority,
or, in the absence of such a determination, within 20 working days or 31
calendar days, whichever is the longer.
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