This is the first time Article 13.1(b) of the Safeguards Agreement has been invoked by members.  This provision provides that one of the functions of the Safeguards Committee is “to find, upon the request of an affected Member, whether or not the procedural requirements of this Agreement have been complied with in connection with a safeguard measure, and report its findings to the Council for Trade in Goods.”

Members expressed various views on procedure and substance, and the Chair, Ms Lillian Bwalya (Zambia), informed members that she would convene informal consultations in the near future to discuss these two requests.

 

Safeguard measures

In the review of 13 safeguard investigations reported to the Committee, the following concerns were raised:

• On India’s safeguard measure on N1, 3-dimethyl butl-N Phenyl paraphenylenediamine (also known as Px-13 or 6-PPD), the United States complained that India had never acknowledged its request for consultations while the European Union expressed concern that the measure had replaced an anti-dumping measure.
• On Thailand’s measure on glass block, the EU complained that the Thai measure was on top of an existing anti-dumping measure.
• On Turkey’s measure on polyethylene terephthalate, India raised doubt as to whether threat of serious injury existed.
• On Ukraine’s safeguard measure on motor cars, the EU and Japan raised doubt as to whether there was surge of imports.
• The EU noted that Indonesia had reported four safeguard actions, and urged Indonesia to exercise utmost caution in using safeguards.

 

Japan welcomed the termination of two safeguard investigations: by Indonesia on polypropylene in granule form, and by Malaysia on hot-rolled coils.

The Committee also conducted the ninth and final transitional review under the Protocol of Accession of China.  China stated that it has made tremendous efforts to fulfil its commitments under China’s Accession Protocol, that it has gradually developed the legal framework of the safeguards instrument in compliance with the Accession Protocol as well as the Safeguards Agreement, and that it has initiated only one safeguards investigation.

Under “Other Business”, Costa Rica,  Guatemala, El Salvador and Honduras took the floor to register their concerns about the manner by which the Dominican Republic was proceeding in terms of progressive liberalization of a safeguard measure imposed on polypropylene bags and tubular fabric.