notification under article 12.5 of the agreement on safeguards TO THE COUNCIL FOR TRADE IN GOODS OF Proposed suspension of concessions

AND OTHER OBLIGATIONS REFERRED TO IN PARAGRAPH 2 OF

ARTICLE 8 OF THE AGREEMENT ON SAFEGUARDS

Separate Customs Territory of
Taiwan, Penghu, Kinmen, and Matsu

The following communication, dated 17 October 2014, is being circulated at the request of the Delegation of the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu.

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Pursuant to Article 12.5 of the Agreement on Safeguards, the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu has the pleasure of hereby notifying the Council for Trade in Goods of its "Proposed Suspension of Concessions and other Obligations referred to in paragraph 2 of Article 8 of the Agreement on Safeguards."

Pursuant to Article 12.5 of the Agreement on Safeguards, and in accordance with the agreed format for notification (G/SG/1/Rev.1, 5 November 2009), concessions and other obligations referred to in paragraph 2 of Article 8 are suspended forthwith.

1.          Which Member is proposing suspension of concessions and other obligations referred to in Article 8.2

The Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu

2.          Specify the measure, the product subject to the measure, the WTO document that notified the safeguard measure, and the Member imposing the measure in relation to which the Member is proposing suspension of concessions and other obligations referred to in Article 8.2

The measure imposed by Indonesia is a definitive safeguard measure on imports of flat-rolled products of iron or non-alloy steel containing by weight less than 0.6% of carbon, with a thickness not exceeding 1.2mm, under HS code 7210.61.11.00 for the period 22 July 2014 to 21 July 2017. This measure was notified in WTO document G/SG/N/8/IDN/16 (27 May 2014) and its subsequent supplements.

3.          Describe the proposed suspension of concessions and other obligations referred to in Article 8.2 and the proposed date from which it will come into effect

The Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu hereby notifies the Council for Trade in Goods of its decision to suspend concessions or other obligations under the General Agreement on Tariffs and Trade 1994 substantially equivalent to the trade of Indonesia. Details of the said suspension of concessions will be provided to the Council for Trade in Goods before the suspension of concessions is applied. Application will come into effect on 22 July 2017 in case Indonesia decides to extend the period of application of the measure in accordance with Article 7 of the Agreement or following the date of a decision from the WTO Dispute Settlement Body that the safeguard measure imposed by Indonesia is incompatible with the WTO Agreements, whichever is earlier, and until Indonesia's safeguard measure is lifted.

With respect to the safeguard measure on certain flat-rolled products of iron or non-alloy steel notified by Indonesia on 23 July 2014, the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu notes that consultations within the meaning of Article 12.3 of the Safeguards Agreement have not yet taken place. Indonesia has agreed to engage in these consultations with the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu in December 2014. In the circumstances, pending the outcome of these consultations, the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu hereby reserves its right under Articles 8.2 and 8.3 of the Safeguards Agreement to suspend the application of substantially equivalent concessions or other obligations under the GATT 1994. Depending on the outcome of said consultations with Indonesia, the Separate Customs Territory of Taiwan, Penghu, Kinmen, and Matsu will notify the Council for Trade in Goods of any proposed suspension in accordance with Article 8.2 of the Safeguards Agreement.

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