MINUTES OF THE REGULAR MEETING
HELD ON 28 april 2014
Chairperson: Mr Alex Yun-hsing NI
1. The Committee on Safeguards (the "Committee") held a
regular meeting on 28 April 2014.
2. The Committee adopted the following agenda:
1 national legislation.. 3
1.1 Belize - review of new legislative
notification (G/SG/N/1/BLZ/1) 3
1.2 The Gambia - review of new legislative
notification (G/SG/N/1/GMB/1) 3
1.3 Montenegro - review of new legislative
notification (G/SG/N/1/MNE/1) 3
1.4 Papua New Guinea - review of new
legislative notification (G/SG/N/1/PNG/1) 3
1.5 Sierra Leone - review of new legislative
notification (G/SG/N/1/SLE/1) 3
1.6 Chinese Taipei - review of new
legislative notification (G/SG/N/1/TPKM/3) 3
1.7 Turkey - review of new legislative
notification (G/SG/N/1/TUR/3/Suppl.2) 3
1.8 Cameroon – continuing review of
previously reviewed notification (G/SG/N/1/CMR/1) 3
1.9 Chile – Continuing review of previously
reviewed notification (G/SG/N/1/CHL/2/Suppl.2) 3
1.10 Russia – Continuing review of previously
reviewed notification (G/SG/N/1/RUS/1) 4
2 NOTIFICATIONS OF
ACTIONS RELATED TO SAFEGUARD MEASURES. 4
2.1 Australia – Canned tomatoes
(G/SG/N/9/AUS/3) 4
2.2 Australia – Certain processed fruit
products (G/SG/N/9/AUS/4) 4
2.3 Chile – Frozen pork (G/SG/N/9/CHL/8) 4
2.4 Colombia - Steel Wire Rod
(G/SG/N/7/COL/1/Suppl.1–G/SG/N/11/COL/1/Suppl.1 and
G/SG/N/7/COL/1/Suppl.2–G/SG/N/11/COL/1/Suppl.2 and G/SG/N/8/COL/1) 4
2.5 Colombia - Bars and Rods
(G/SG/N/7/COL/2/Suppl.1–G/SG/N/11/COL/2/Suppl.1) 4
2.6 Costa Rica – Pounded Rice (1)
(G/SG/N/9/CRI/1) 5
2.7 Costa Rica – Pounded Rice (2)
(G/SG/N/6/CRI/3) 5
2.8 Dominican Republic - Certain Sports and
Other Socks (G/SG/N/10/DOM/2/Suppl.3) 5
2.9 Egypt - Steel Rebar
(G/SG/N/7/EGY/8/Suppl.1) 5
2.10 India – Sodium Citrate (G/SG/N/6/IND/36) 5
2.11 India – Sodium Nitrate
(G/SG/N/8/IND/24–G/SG/N/10/IND/15–G/SG/N/11/IND/10 and
G/SG/N/10/IND/15/Suppl.1) 6
2.12 India - Bare Elastomeric Filament Yarn
(G/SG/N/6/IND/35) 6
2.13 India - Saturated Fatty Alcohols
(G/SG/N/6/IND/34) 6
2.14 India – Seamless Pipe (G/SG/Q2/IND/14,
G/SG/Q2/IND/15 and G/SG/Q2/IND/16) 6
2.15 Indonesia – Cotton yarn other than
sewing thread (G/SG/N/6/IDN/11/Suppl.1 AND G/SG/N/6/IDN/11/Suppl.2 and
G/SG/N/8/IDN/4/Suppl.3–G/SG/N/10/IDN/4/Suppl.3) 7
2.16 Indonesia - I and H sections of other
alloy steel (G/SG/N/6/IDN/25 and G/SG/N/6/IDN/25/Corr.1 and
G/SG/N/6/IDN/25/Suppl.1) 7
2.17 Indonesia - Bars and rods, hot-rolled,
in irregularity wound coils (G/SG/N/6/IDN/24 and G/SG/N/6/IDN/24/Suppl.1) 7
2.18 Indonesia – Kilowatt Hour Meters
(G/SG/N/9/IDN/9) 7
2.19 Indonesia – Mackerel (G/SG/N/9/IDN/7) 7
2.20 Indonesia – Sheath Contraceptive
(G/SG/N/9/IDN/8) 7
2.21 Israel – Glass Wool and Rock Wool
(G/SG/N/8/ISR/1/Rev.1–G/SG/N/11/ISR/2/Rev.1 and G/SG/N/9/ISR/1) 7
2.22 Kyrgyz Republic – Wheat Flour
(G/SG/N/10/KGZ/2) 8
2.23 MOROCCO - WIRE RODS AND REINFORCING BARS
(G/SG/N/8/MAR/3/Suppl.1–G/SG/N/10/MAR/3–G/SG/N/11/MAR/2/Suppl.1 and
G/SG/N/8/MAR/3/Suppl.2–G/SG/N/10/MAR/3/Suppl.1–G/SG/N/11/MAR/2/Suppl.2) 8
2.24 Philippines – Newsprint
(G/SG/N/6/PHL/9/Suppl.1) 8
2.25 Philippines – Galvanized Iron and
Pre-Painted Sheets and Coils (G/SG/N/6/PHL/10/Suppl.1) 8
2.26 Philippines – Testliner Board
(G/SG/N/8/PHL/8/Suppl.3–G/SG/N/10/PHL/7/Suppl.2 – G/SG/N/11/PHL/9/Suppl.3) 8
2.27 Russian Federation - Harvesters
(G/SG/N/8/RUS/1/Suppl.4–G/SG/N/10/RUS/1/Suppl.3–G/SG/N/11/RUS/1/Suppl.5) 8
2.28 South Africa – Frozen Potato Chips
(G/SG/N/8/ZAF/2–G/SG/N/10/ZAF/2–G/SG/N/11/ZAF/2/Suppl.2) 8
2.29 Chinese Taipei - High Density
Polyethylene and Linear Low Density Polyethylene (G/SG/N/6/TPKM/1) 9
2.30 Thailand - Non Alloy Hot Rolled Steel
Flat Products (G/SG/N/6/THA/4) 9
2.31 Turkey - Spectacle frames
(G/SG/N/6/TUR/11/Suppl.1 and G/SG/N/6/TUR/11/Suppl.1/Corr.1 and
G/SG/N/10/TUR/8/Suppl.2–G/SG/N/11/TUR/8/Suppl.2) 9
2.32 Turkey - Travel goods
(G/SG/N/6/TUR/12/Suppl.1 and
G/SG/N/8/TUR/9/Suppl.2-G/SG/N/10/TUR/9/Suppl.2-G/SG/N/11/TUR/9/Suppl.2) 9
2.33 TURKEY - CERTAIN ELECTRICAL APPLIANCES
(G/SG/N/8/TUR/10/Suppl.1–G/SG/N/10/TUR/10/Suppl.1–G/SG/N/11/TUR/11/Suppl.2 and
G/SG/N/8/TUR/10/Suppl.1/Corr.1–G/SG/N/10/TUR/10/Suppl.1/Corr.1–G/SG/N/11/TUR/11/Suppl.2/Corr.1) 9
2.34 Ukraine – Tableware and Kitchenware of Porcelain
(G/SG/N/8/UKR/4-G/SG/N/10/UKR/4) 9
2.35 Ukraine – Motor Cars
(G/SG/N/8/UKR/3/Suppl.1-G/SG/N/10/UKR/3/Suppl.2-G/SG/N/11/UKR/1/Suppl.1) 10
3 NOTIFICATION OF
SAFEGUARD MEASURES BY THE RUSSIAN FEDERATION.. 10
4 Discussion Group regarding
Safeguard Proceedings. 11
5 Other Business. 11
5.1 Statement on an investigation by
Indonesia (Wheat Flour) – Item requested by Australia, Turkey and Sri Lanka. 11
5.2 Statement regarding notification of a law
by Bahrain – Item requested by the US. 12
5.3 Statement on an investigation by Thailand
(Hot-rolled Steel Flat Products) – Item requested by Korea 12
5.4 Statement on an investigation by
Indonesia (Flat-rolled Product) – Item requested by Viet Nam 12
5.5 Proposal to Hold a Seminar on
Notifications – Item requested by New Zealand. 12
6 DATE OF NEXT REGULAR
MEETING.. 13
7 Election of Officers. 13
3. There were no comments or questions regarding this notification.
4. There were no comments or questions regarding this notification.
5. The US stated that since the responses to its questions were
provided by Montenegro only recently[1], it would study the responses first.
6. There were no comments or questions regarding this notification.
7. There were no comments or questions regarding this notification.
8. The US stated that since the responses to its questions were
provided by Chinese Taipei only recently[2], it would study the responses first.
9. The US commended Turkey for the transparency provided by the
notification.
10. The US thanked Cameroon for the responses to its questions, and
stated that it was still studying those responses.
11. The US thanked Chile for the responses to its questions, and stated
that it had no more follow-up questions.
12. The Chair informed the Committee that the US had requested
that the responses to its questions and any related discussions be taken up at
the Anti-dumping Committee since the questions mainly dealt with anti-dumping. There were no other comments or questions.
13. The Chair recalled that the deadline for written questions
concerning any legislation reviewed at this meeting was 19 May 2014. The
deadline for written answers to all written questions, including questions
submitted in writing prior to this meeting, was 10 June 2014.
14. The Chair informed the Committee that 22 Members had not yet made a
legislative notification.[3] This notification was one of the important obligations of the
Safeguards Agreement ("Agreement"). Members that did not yet have
legislation need only submit a simple "nil" notification. The US thanked the Chair for his efforts to encourage those
Members that had not yet made a legislative notification to make the necessary
notification. However, there were still Members that had not yet made any
legislative notification. Many of those countries had informed the WTO through the
Trade Policy Review process that they did not have safeguard legislation and the
US encouraged outstanding Members to review their individual situations
regarding the applicable notification.
15. Canada voiced its concerns about the
recent high number of safeguard actions. While many of those actions were taken
by a limited number of frequent users, first-time users were also gradually
increasing. Canada hoped that this increase in safeguard actions was not a
long-term trend, and requested that imposing Members act cautiously with
regards to this instrument that was to be used only in special
circumstances.
16. The Committee took note of the statements made.
17. There were no comments or questions raised at the meeting.
18. There were no comments or questions raised at the meeting.
19. Brazil welcomed the fact that the
investigation was the terminated without a measure.
20. Colombia made a statement regarding four
investigations, namely, investigations on steel wire rod and on bars and rods,
which were on the agenda, as well as investigations on steel angles and on angles,
shapes and sections of iron or non-alloy steel. Regarding bars and rods, Colombia
decided not to impose a final measure although it had imposed a provisional
measure. Regarding steel angles and regarding angles, shapes and sections of
iron or non-alloy steel, the investigations were terminated without any
measure. Regarding steel wire rod, a final measure was imposed. All of these
notifications were filed recently.[4]
21. Turkey welcomed the decisions by
Colombia regarding bars and rods, steel angles and angles, shapes and sections
of iron or non-alloy steel. However, Turkey had doubts regarding the decision
on steel wire rod. Turkey recalled that it requested in August 2013 to be
excluded from any possible measure by virtue of Article 9.1 of the Agreement.
It also recalled that Turkey was not excluded from the provisional measure
imposed earlier. Turkey asked that Colombia clarify the situation.
22. Mexico also had doubts regarding the
decision on steel wire rod. In Mexico's view, there were several problems
regarding transparency and due process. First, the time to react to the
invitation for consultation was too short. There were also problems regarding
identification of the product under investigation, analysis of competition
between imported product and domestic product, analysis of unforeseen
developments, of injury and of other factors.
23. Japan also voiced concern regarding the
decision on steel wire rod. It reiterated the exceptional nature of the
safeguard instrument and asked Colombia to be careful in investigations. It specifically
pointed out the fact that some of Colombia's notifications had a time lag of as
long as one month after the relevant fact.
24. Costa Rica had been following the
investigation regarding steel wire rod very closely, and requested that it be
expressly excluded from the measure.
25. Colombia stated that it would refer the
comments to the capital. Meanwhile it reiterated that it had complied with the
relevant procedures, and had also consulted interested parties. Colombia
explained that the responses to some of the points raised could be found in the
notification submitted several days before the meeting.[5]
26. There were no comments or questions raised at the meeting.
27. There were no comments or questions raised at the meeting.
28. There were no comments or questions raised at the meeting.
29. There were no comments or questions raised at the meeting.
30. The EU recalled that it had already expressed concerns in the
past regarding the frequent use of safeguards by India. In the view of the EU,
India was continuing to do so. The EU found many shortcomings with India's
investigations. Given that the mere initiation of an investigation would affect
trade in a negative manner, the EU asked India to reconsider its use of the SG
instrument.
31. The US also raised concerns with the number of SG
investigations initiated by India. India had initiated the most safeguard
investigations of any Member. The US had various concerns with India's
investigations such as initiations after a low-quality petition, hasty
imposition of provisional measures, and lack of solid rationale for the
imposition of final measures, and urged India to review its methods and
procedures.
32. India stated that its investigation
process was thorough, and there were many in-built checks. For example, an
inter-ministerial board carefully examined the recommendations of the
investigating authority.
33. The US noted that while the final findings had been published
in September 2013, the notification was made only in January 2014 and asked why
this was so. Referring to another investigation, the US understood that an
investigation on non-alloyed ingots of unwrought aluminium was recently
initiated and asked when that would be notified.
34. On the first query, India regretted the delay and explained
that it was due to internal change of officials. On the second query, India
explained that the notification would be made very soon.[6]
35. Japan stated that a safeguard measure on
this product, if imposed, would have a negative impact not only for Japan but
also for India itself. It stressed that safeguard was an instrument to be used
only in exceptional circumstances, and asked India to keep this in mind.
36. Chinese Taipei shared the concerns
expressed by other Members about the frequent use of safeguard measures by
India. In particular, Chinese Taipei was concerned that the procedures followed
by India in the investigations were not satisfactory. On this particular
investigation, Chinese Taipei asked India to take into careful consideration
all the relevant facts.
37. There were no comments or questions raised at the meeting.
38. Russia regretted that India's authority
had recommended the imposition of a measure notwithstanding the fact that
Russia had registered its concerns with India's authority. In Russia's view,
the investigation did not undertake appropriate analysis on increase of
imports, on the injury incurred by the domestic industry and on
non-attribution. In short, Russia believed that there was no basis to impose a
measure. Russia asked India to clarify the situation by responding to the
questions it had submitted. It also wished to know when the final decision
would be taken.
39. Japan also had concerns with this
investigation. First of all, Japan understood that its exports were not in
competition with India's domestic product. In addition, in Japan's view, the
investigation did not undertake appropriate analysis on unforeseen
developments, on increase of imports, and on injury. It asked India to respond
to its questions. It also wished to know what the timeline of the next steps
was.
40. The EU asked India to clarify the situation by responding to
the questions it had submitted.
41. India stated that while it was analysing
the questions, the latest findings had been notified very recently.[7] India explained that it
was still a recommendation by the investigating authority, and the measure was
not yet imposed.
42. The US noted that Indonesia was the second largest user of
the SG instrument, and in fact, there were six notifications from Indonesia
that were on the agenda of this meeting. The US had serious concerns with
Indonesia's investigations in general and encouraged Indonesia to review its
methods and procedures and make any necessary reforms to address these concerns.
There were problems with procedures as well as with transparency.
43. The EU reiterated the high number of instances where
Indonesia had been resorting to safeguards. The justifications of the use of
the measure were often questionable. The EU was also worried about the choice
of instruments. Many safeguard investigations were initiated after allegations
about unfair trade from one single exporter. If that was the case, anti-dumping
was the more appropriate instrument to use. The EU welcomed the fact that
Indonesia had notified three terminations. However, it urged Indonesia not
resort to safeguards if there was a more appropriate instrument.
44. Indonesia stated that it was proceeding
in line with the Agreement.
45. There were no comments or questions raised at the meeting.
46. Japan shared the concerns of other
Members regarding Indonesia's frequent use of safeguards as well as lack of
transparency of the process. Regarding this specific investigation, Japan was
of the view that products exported from Japan were not in competition with the
product produced by the domestic industry. In Japan's view, if a measure was
imposed, it would not only hurt Japanese exporters but also hurt users in Indonesia.
Japan asked Indonesia to take fully into account its views expressed in the
hearing.
47. Chinese Taipei, as a major exporter to
Indonesia, shared the concerns of other Members regarding Indonesia's frequent
use of safeguards and asked Indonesia to strictly abide by the procedures
provide for in the Agreement.
48. There were no comments or questions raised at the meeting.
49. There were no comments or questions raised at the meeting.
50. There were no comments or questions raised at the meeting.
51. The EU noted that there was a notification made on 23
December 2013, and asked Israel to clarify.
52. Israel stated that it would check and
inform the EU later.
53. The US noted that while this notification explained that a
"temporary safeguard" was brought into effect and was extended until
February 2014, the notification did not describe the measures themselves, and
the US asked for a clarification.
54. In the absence of the delegation of the Kyrgyz Republic in the room,
the Chair stated that the question would be conveyed to the Kyrgyz
Republic.
55. The EU expressed strong doubts whether the proposed measure
was justifiable, and stated that it would monitor the situation closely. It
also stated that at any rate, applying the measure beyond end of 2014 was
unacceptable.
56. Morocco stated that it was available to
consult with the EU, and asked the EU to submit the comments in writing.
57. There were no comments or questions raised at the meeting.
58. Australia understood that the problem
was with imports from only one country, and that the imports were apparently
below cost, and raised doubts about the use of the safeguard instrument in this
situation. In Australia's view, the domestic industry has inappropriately
attributed injury caused by the implementation of various free trade agreements
to imports. In addition, Australia sought an update on the timeframes for the
investigation.
59. The Philippines stated that it would advise bilaterally.
60. There were no comments or questions raised at the meeting.
61. The EU had many doubts about this measure, but limited its
comments to the issue of the quota. It noted that the quota for 2014 was 774
pieces. The EU saw no good basis for this figure. The EU also had doubts about
the implementation of this quota. The EU understood that of the quota of 774
pieces, only 44 pieces were allocated. The EU asked why this was so.
62. Russia explained that in fact it was
surprised when it found out that the traditional suppliers did not apply for
the first allocation of the quota. This was the reason why the quota was not
fully allocated. For the 2015 quota, traditional suppliers would be allocated
at the first stage.
63. The EU had concerns with this investigation, and was
monitoring developments closely. It particularly had doubts about the level of
the duty proposed. While it welcomed the fact that the provisional measure had
expired, it expected that South Africa would decide not to impose a final
measure.
64. South Africa stated that it had fully
complied with the requirements of the Agreement. It would refer the EU's
questions to the capital.
65. Chinese Taipei explained that the
investigation had been terminated, and that the notification to that effect
would be submitted shortly.[8]
66. Turkey stated that the investigation
should be terminated since the necessary conditions were not met.
67. Chinese Taipei asked Thailand to carry
out the investigation carefully.
68. Japan pointed out that the safeguard
instrument was to be used only in exceptional circumstances, and asked Thailand
to take its comments into full consideration in the investigation.
69. Australia was following the
investigation closely. It understood that the petitioners had asked that a
provisional measure be imposed. Australia asked Thailand to clarify the
relevant timelines.
70. Thailand asked that the questions be
submitted in writing.
71. There were no comments or questions raised at the meeting.
72. The EU was concerned that Turkey usually extended safeguard
measures. In fact, Turkey sometimes extended measures twice. Given that the purpose
of safeguard measures was to help the industry adjust, it was not reasonable
that a measure lasted, for example, 8 years. The EU asked Turkey to reconsider
such practice.
73. Turkey explained that it was not
imposing as many measures in recent years in earlier years, and provided an
overview of the 16 measures it had imposed since 2006.
74. There were no comments or questions raised at the meeting.
2.34 Ukraine – Tableware and Kitchenware of Porcelain (G/SG/N/8/UKR/4-G/SG/N/10/UKR/4)
75. Ukraine explained that the authority
had decided to impose the final measure, and that the notification to that
effect was circulated very recently.[9]
76. Turkey stated that exports from
Turkey accounted for less than 3% of the total imports, and so Turkey should be
exempted from the measure in light of Article 9.1 of the Agreement.
77. The
EU stated that this case illustrated perfectly the problem of the use of
the safeguard instrument when imports from one specific source were the cause
of the injury. The EU understood that one particular country accounted for more
than 94% of total imports, and the average import price of that exporting
country was substantially lower than the average import price of other
exporting countries. The measure would disproportionally affect exports from
countries that had an import price much higher than the average import price. The
EU urged Ukraine to reconsider its position. It also asked that the pace of
liberalization be accelerated.
78. Ukraine took note of the comments.
79. Ukraine explained that the measure
had been liberalized. It then referred to the suspension of concessions taken
by Turkey, stated that this suspension was not consistent with the Agreement,
and asked Turkey to discontinue the suspension.
80. Turkey welcomed the liberalization
and stated that it was considering the next step.
81. Japan welcomed the liberalization
as the first step to the right direction, although it came much later than it
should have. Japan reiterated its view that the measure was inconsistent with
the Agreement, and reminded Ukraine that a panel proceeding was in place.
82. Korea continued to be concerned
with the measure. It recalled that there was insufficient evidence to justify
the measure, that no adequate consultation was held and that the measure was
notified one year after the decision. Korea noted that it was a third party to
the ongoing dispute against Ukraine regarding this measure and asked that the
measure be withdrawn.
83. Russia was also concerned with the
measure, which in its view was inconsistent with the Agreement. Russia asked
that the measure be withdrawn.
84. The
Committee took note of the statements made.
85. The
Chair explained that this item was put on the agenda at the request of
the US, the EU and Chinese Taipei.
86. The
US recalled that at the autumn 2013 meeting, it pointed out the lack of
notification from Russia regarding one investigation and one measure. No
notification had yet been made. Since then, there were five additional
investigations and measures all of which had not been notified. The products
involved were flatware of stainless steel, certain fasteners, activated carbon,
caramel and graphite electrodes. The US was of the view that those investigations
and measures should be notified, and asked Russia to clarify the situation. It
reserved the right under Article 12.8 of the Agreement to notify those
measures.
87. Chinese
Taipei
noted that notifications were often the only way for exporters to learn about
safeguard actions. In this light, it encouraged Russia to provide full
notifications of all measures in line with its obligations.
88. The
EU agreed with the previous speakers and requested Russia to notify the
existing measures that had not been notified.
89. Canada, Japan and Ukraine
agreed with the previous speakers.
90. Australia recalled that Russia had
explained before its accession how it would ensure compliance with the
obligations in the Agreement, and that it would notify all investigations
launched before accession as well as all measures resulting from those
proceedings. Australia asked Russia to fully abide by its transparency
obligations.
91. Russia stated that there was no
obligation in the Agreement or in its accession protocol regarding notifications
of reviews that
did not relate to findings of serious injury or of
decisions not to apply a measure or not to extend a measure. Russia was not
violating any obligations.
92. The Chair explained that this item was placed on the agenda
at the request of the delegations of Australia; Canada; the EU; Japan; Korea;
New Zealand; Norway; Separate Customs Territory of Taiwan, Penghu, Kinmen and
Matsu; Singapore; and the US.
93. The EU reminded Members that the informal discussion group
meeting would take place after the present meeting. The discussion was open to
all Members. The EU recalled that this discussion group evolved from a paper
submitted to the Committee in October 2012.[10] The first discussion group
was held in April 2013. Many Members had urged a continuation of the discussion
so that the paper would not be just a one-time exercise. The idea behind this
discussion group was to provide a broader perspective than the one in normal
Committee meetings, taking a distance from discussions of individual cases, and
to focus more on each other's experiences and to learn from each other. The
topic for that day's discussion was to include: structure of an investigation,
establishment of timelines for the various phases of an investigation,
comparison of investigatory structure with other phases related to a measure,
and how to make the required WTO notifications.
94. The US noted that the informal discussion group had now
achieved some regularity, and on that basis, it suggested that some topics
discussed in the informal discussions could be discussed in the framework of
the Committee. It recalled that there was a process in the Anti-dumping
Committee whereby Members submitted papers on selected topics and suggested
considering that a similar process be adopted here. The US asked the Chair to
hold consultations to pursue such a possibility, and if the Members were
amenable to the idea, to consult about the possible first topics.
95. Canada, Chinese Taipei and New
Zealand supported the US suggestion that the Chair hold consultations.
96. Ecuador and India each stated
that it wished to see the proposal in written form so that Members could
consider it well. Ecuador considered that having the proposal in writing was
useful, since in a Member-driven process, it was important that Members were
well informed of the content of the proposals under consideration.
97. The US stated that rather than submitting the proposal in
paper, it preferred that the Chair first hold consultations.
98. The Chair stated that he had noted the US request. Since this
was the last Committee meeting he would chair, he asked the incoming chair to
hold informal consultations on this matter.
99. The Committee took note of the statements.
100. Australia made a statement regarding
Indonesia's investigation regarding wheat flour that was notified in June 2013.[11] Australia had participated
in the proceeding, and continued to be of the view that imposition of a measure
was not warranted. It understood that Indonesia was planning to impose a quota,
and apparently also limit the ports of entry. Australia observed that ten
months had passed since the proposal was made by the investigation authority,
and that Indonesia's internal time-limit to take a decision had apparently
passed. Australia asked Indonesia not to impose the measure.
101. Turkey explained that it was a major
exporter of the investigated product and that it had, like Australia, actively
participated in the proceeding. Turkey continued to be of the view that the
situation did not warrant the imposition of a safeguard measure. It asked Indonesia not to
impose the measure.
102. Sri
Lanka
did not see any causal relation between imports and injury. In fact, imports
have declined toward the end of the investigation period. Sri Lanka regretted
the fact that a provisional measure was imposed and that it continued to be in
place for more than 200 days. It asked Indonesia to terminate the investigation
without any final measure.
103. Ukraine shared the concerns of the
previous speakers.
104. Indonesia asked that the questions be
submitted in writing.
105. The
US noted that the Trade Policy Review report for Bahrain issued recently
explained that Bahrain adopted in 2011 a new GCC Common Law on anti-dumping,
countervailing measures and safeguards. This law had not yet been notified to
the Committee. The US asked Bahrain to make the notification as soon as
possible.
106. In
the absence of the delegate of Bahrain in the room, the Chair stated
that he would convey the US request to Bahrain.
107. Korea had concerns regarding Thailand's safeguard
measure on hot-rolled steel flat products.[12] Korea was of the view that
the measure was inconsistent with the Agreement. Notably, the product subject
to the measure was not the same as the product covered in the investigation.
Specifically, steel used
in the automobile industry was excluded from the measure. Korea did not find
this to be reasonable. Korea also found the lack of non-attribution analysis to
be problematic. Korea asked Thailand to terminate the measure.
108. Thailand asked that the question be
submitted in writing.
109. Viet Nam made a statement regarding
Indonesia's investigation on flat-rolled product of iron or non-alloy steel
that was initiated in December 2012.[13] Viet Nam had submitted
comments on this notification, but had not yet heard any reaction. Viet Nam
asked Indonesia to clarify the situation.
110. Indonesia asked that the question be
submitted in writing.
111. New Zealand stated that Members have often noted that the nature and extent of
details contained in notifications from Members varied. Against this background,
New Zealand proposed that the Chair consult with the Secretariat regarding the
possibility of holding a seminar regarding notifications in order to improve
the quality of notifications. New Zealand further suggested that such seminar
could be recorded so that Members could refer to it later as well.
112. The US, Colombia, Canada,
Japan, Chinese Taipei, Australia and the Dominican
Republic welcomed the idea and supported the proposal put forward by New
Zealand. Australia supported a safeguards-specific seminar.
113. The Chair stated that since
this was the last Committee meeting he would chair, he would ask the incoming Chair
to hold an informal consultation on this matter.
114. The Committee took note of all the statements made under
Other Business.
115. The Chair suggested that the Committee meet in the week of 27
October 2014. The exact date would be confirmed in due course.
116. The Committee so decided.
117. The Chair stated that the chair of the Council for Trade in
Goods had carried out informal consultations on the nomination of chairs for
the different bodies operating under the auspices of the Council for Trade in
Goods. The proposed nominations were taken note of by the Council for Trade in
Goods. Concerning this Committee, the chair of the Council for Trade in Goods
proposed the nomination of Ms Kim Kampel of South Africa. He therefore proposed
that the Committee elect Ms Kim Kampel as Chair.
118. The Committee so decided.
119. Regarding the position of Vice-Chair of the Committee, the Chair
stated that he had conducted consultations with a number of Members, and on the
basis of those consultations he proposed that the Committee elect Mr Mitsuhiro
Fukuyama of Japan as Vice-Chair of the Committee.
120. The Committee so decided.
__________
[3] These Members were: Angola, Antigua & Barbuda, Cape Verde,
Central African Republic, Congo, Democratic Republic of the Congo, Djibouti,
Grenada, Guinea Bissau, Mauritania, Mozambique, Niger, Rwanda, Saint Kitts
& Nevis, Saint Vincent & Grenadines, Samoa, Solomon Islands, Swaziland,
Tajikistan, Tanzania, Tonga and Vanuatu.
[4] See documents G/SG/N/7/COL/2/Suppl.2–G/SG/N/11/COL/2/Suppl.2 (bars
and rods), G/SG/N/9/COL/5 (steel angles), G/SG/N/9/COL/4 (angles, shapes and
sections of iron or non-alloy steel), and G/SG/N/8/COL/1/Suppl.1–G/SG/N/10/COL/1–G/SG/N/11/COL/1/Suppl.3
(steel wire rod).
[5] See document
G/SG/N/8/COL/1/Suppl.1–G/SG/N/10/COL/1–G/SG/N/11/COL/1/Suppl.3.
[6] Subsequently notified in document G/SG/N/6/IND/37.
[7] See document G/SG/N/8/IND/25–G/SG/N/10/IND/16–G/SG/N/11/IND/11.
[8] Subsequently circulated in document G/SG/N/9/TPKM/1.
[9] See document
G/SG/N/8/UKR/4/Suppl.1–G/SG/N/10/UKR/4/Suppl.1–G/SG/N/11/UKR/2.
[10] See document G/SG/W/226.
[11] See document G/SG/N/8/IDN/15–G/SG/N/10/IDN/15.
[12] See document
G/SG/N/8/THA/2/Suppl.3–G/SG/N/10/THA/2–G/SG/N/11/THA/2/Suppl.2.
[13] See document G/SG/N/6/IDN/22.