WORLD TRADE  
ORGANIZATION  G/SG/N/7/PER/1/Suppl.1 
19 October 2004 
 
 (04-4391) 
Committee on Safeguards Original:   Spanish 
  
 
NOTIFICATION UNDER ARTICLE 12.4 OF THE AGREEMENT ON 
SAFEGUARDS BEFORE TAKING A PROVISIONAL SAFEGUARD  
MEASURE REFERRED TO IN ARTICLE 6 
 
PERU 
 
(Certain Made-Up Textile Articles) 
 
Supplement
 
 
 
 The following communication, dated 13 October 2004, is being circulated at the request of the delegation of Peru.  
________________ 
 
 
 The Permanent Mission of Peru to the Interna tional Organizations based in Geneva presents 
its compliments to the Secretariat of the World Trade Organization (Comm ittee on Safeguards), and 
pursuant to WTO Note No. 046 of 12 October 2004, hereby gives notification of Supreme Decree  
No. 023-2004-MINCETUR, attached hereto, where by the Peruvian Government provides for the 
adoption of a provisional safeguard measure on im ports of certain made-up textile articles. 
  This notification is being made in accor dance with Article 12.4 of the Agreement on 
Safeguards and the format for notifications proposed  by the Committee on Safeguards in section III of 
document G/SG/1.  
 The Secretariat of the World Trade Organization is requested to circulate this information to 
Members. G/SG/N/7/PER/1/Suppl.1 
Page 2  
 
 Notification to the Committee on Safeguards before Taking a Provisional 
 
Safeguard Measure Referred to in Article 6  
 1. Specify the product subject to the proposed provisional safeguard measure 
Heading No. Description 
6103330000 MEN'S OR BOYS' JACKETS AND BLAZERS, KNITTED OR CROCHETED, 
OF SYNTHETIC FIBRES  
6104330000 WOMEN'S OR GIRLS' JACKETS, KNITTED OR CROCHETED, OF 
SYNTHETIC FIBRES 
6109901000 T-SHIRTS, SINGLETS AND OTHER VESTS, KNITTED OR CROCHETED, OF 
ACRYLIC OR MODACRYLIC FIBRES  
6109909000 T-SHIRTS, SINGLETS AND OTHER VESTS, KNITTED OR CROCHETED, OF 
OTHER TEXTILE MATERIALS  
6110301000 JERSEYS, PULLOVERS, CARDIGANS, WAISTCOASTS AND SIMILAR 
ARTICLES, OF ACRYLIC OR MODACRYLIC FIBRES 
6110309000 JERSEYS, PULLOVERS, CARDIGANS, WAISTCOATS AND SIMILAR 
ARTICLES, OF ARTIFICIAL FIBRES 
6115939000 SOCKS AND OTHER HOSIERY, OF SYNTHETIC FIBRES 
6201130000 MEN'S OR BOYS' OVERCOATS, RAINCOATS, CAR-COATS, CAPES, 
CLOAKS AND SIMILAR ARTICLES, OF MAN-MADE FIBRES 
6203230000 MEN'S OR BOYS' ENSEMBLES, OF SYNTHETIC FIBRES 
6203320000 MEN'S OR BOYS' JACKETS AND BLAZERS, OF COTTON 
6203330000 MEN'S OR BOYS' JACKETS AND BLAZERS, OF SYNTHETIC FIBRES 
6203420012 TROUSERS AND BIB AND BRAC E OVERALLS, OF COTTON CORDUROY 
6203420019 OTHER MEN'S OR BOYS' TROUSERS AND BIB AND BRACE OVERALLS, 
OF COTTON 
6204320000 WOMEN'S OR GIRLS' JACK ETS AND BLAZERS, OF COTTON  
6204330000 WOMEN'S OR GIRL S' JACKETS AND BLAZERS, OF SYNTHETIC FIBRES 
6204620000 WOMEN'S OR GIRLS' TROUSER S, BIB AND BRACE OVERALLS, 
BREECHES AND SHORTS, OF COTTON 
6205200000 MEN'S OR BOYS' SHIRTS, OF COTTON 
6205300000 MEN'S OR BOYS' SHIRTS, OF MAN-MADE FIBRES 
6212100000 BRASSIÈRES, WHETHER OR  NOT KNITTED OR CROCHETED 
6302220000 OTHER BED LINEN, PRINTED, OF MAN-MADE FIBRES  
 
2. Specify the proposed provisional safeguard measure 
 The measure consists of a maximum surcharge, as shown in the table below. 
 
Heading No. Maximum 
surcharge 
US$/kg. 
6103330000 30.82 
6104330000 30.82 
6109901000 22.80 
6109909000 22.80 
6110301000 33.83 
6110309000 33.83 
6115939000 8.86 
6201130000 30.82  G/SG/N/7/PER/1/Suppl.1 
 Page 3 
 
 
 Heading No. Maximum 
surcharge 
US$/kg. 
6203230000 23.94 
6203320000 30.82 
6203330000 30.82 
6203420012 18.07 
6203420019 18.07 
6204320000 30.82 
6204330000 30.82 
6204620000 18.07 
6205200000 25.86 
6205300000 25.86 
6212100000 22.80 
6302220000 5.56 
  
3. Specify the proposed date of introduction of the provisional safeguard measure 
 14 October 2004. 
 
4. Specify the expected duration of the provisional safeguard measure, if any decision on 
the duration of the measure has been made 
 The measure will remain in effect for 200 calendar days. 
 5. Provide the basis for: 
(i) Making a preliminary determination, as provided for in Article 6, that increased imports have 
caused or are threatening to cause serious injury 
 
 During the 2000-2003 period, imports of made-u p textile articles increased significantly, 
rising by 111 per cent from 4,628,822 kg. to 9,782,019 kg. 
 
Table No. 1 
Trend in Total Imports of  Made-Up Textile Articles
 
 
Year 2000 2001 2002 2003 
Total Imports (kg) 4,628,822 5,860,901 7,320,030 9,782,019 
Growth (%)  27% 25% 34% 
 
• The share of the domestic market taken by imports has increased each year, rising from 
23 per cent in 2000 to 32 per cent in 2003. 
 
Table No. 2 
Domestic Market and Share of the Domestic Market Taken by Imports  
(Millions of Dollars and Percentage)  
 
Year 2000 2001 2002 2003 
Imports / National Sales 30% 35% 36% 48% 
Imports/ Domestic Market 23% 26% 26% 32% G/SG/N/7/PER/1/Suppl.1 
Page 4  
 
 (ii) Determining the existence of critical circum stances where delay would cause damage which it 
would be difficult to repair 
 
 A significant overall impairment has been dete rmined in the domestic production of made-up 
textile articles.  This impairment is reflected in the following variables: 
 
• An annual growth rate in imports of 28. 3 per cent between 2000 and 2003, while the 
average annual increase in total imports in  that same period was only 3.9 per cent. 
 
• An increase in the amount of imports, the volume of which doubled between 2000 
and 2003, rising from 4.4 million kg to 9.8 m illion kg.  In absolute terms, imports 
rose by 111 per cent.  This increase in imports has caused a shift in domestic 
production, chiefly of companies with less than 10 employees. 
 
• The domestic market share taken by imports  of made-up textile articles is also 
steadily increasing in size, reaching 32 per cent in 2003.  
 
• Employment fell from 75,299 workers in 2000 to 59,987 in 2003, a reduction of 20 
per cent. 
 
• As regards installed capacity, a 57 per cen t reduction in utilization has been observed 
among small and micro enterprises.  G/SG/N/7/PER/1/Suppl.1 
 Page 5 
 
 
 SUPREME DECREE NO. 023-2004-MINCETUR 
 Establishment of a Provisional Safeguard on Imports of Made-Up Textile Articles 
 The President of the Republic 
 
WHEREAS: 
 
 By virtue of Legislative Decision No. 26407, the Legislature incorporated into domestic law the Agreement Establishing the World Trade Organization (WTO) and the multilateral trade 
agreements contained in the Final Act of the Uruguay Round, signed in Marrakesh, Morocco, on 
15 April 1994;   The World Trade Organization's Agreement on Safeguards establishes a mechanism for the 
application of safeguard measures, and Article 6 of the Agreement provides that in critical 
circumstances, where delay would cause dama ge which it would be difficult to repair, a 
WTO Member may take a provisional safeguard measur e pursuant to a preliminary determination that 
increased imports have caused or are threatening to cause serious injury; 
  Supreme Decree No. 020-98-ITINCI, as amended by Supreme Decree No. 017-2004-MINCETUR, lays down the procedure for the adop tion of safeguard measures under the rules and 
commitments accepted by the Members of the World Trade Organization; 
  By virtue of Resolution No. 054-2004/CDS-I NDECOPI, published in the Official Journal 
"El Peruano " on 22 August 2004, the Dumping and Subsidies Commission of the National Institute 
for the Defence of Competition and the Protection of Intellectual Property (INDECOPI) decided to 
initiate ex officio a safeguards investigation into imports of made-up textile articles classified in 
chapters 61, 62 and 63 of the Customs Tariff Schedule;   By virtue of Report No. 022-2004/CDS, the Dumping and Subsidies Commission recommends the application of provisional safeguard measures in order to prevent irreparable damage 
from occurring within the domestic industry during the course of the investigation; 
 
 Pursuant to Article 12.4 of the Agreement on Safeguards, the Government of Peru has 
informed the World Trade Organization's Commi ttee on Safeguards of its decision to impose 
provisional measures, with a view to beginning th e relevant consultations  immediately after the 
adoption of the measure; 
 
 Pursuant to Legislative Resolution No. 26407, and Supreme Decree No. 020-98-ITINCI, as 
amended by Supreme Decree No. 017-2004-MINCETUR;  
IT IS HEREBY DECREED: 
 
Article 1.  Establishment of a provisional safeguard 
 
 A provisional safeguard shall be applied to impor ts of made-up textile articles, as listed in 
Annex I, which forms an integral part of this Supreme Decree.  Article 2.  Arrangements for application  
 The amount of the provisional safeguard provid ed for in Article 1 of this Supreme Decree 
shall reflect the difference between the c.i.f. im port price and the maximum surcharge indicated in 
Annex 1. G/SG/N/7/PER/1/Suppl.1 
Page 6  
 
  
 The safeguard measure shall not be applied to  products whose c.i.f. import price is higher 
than the value of the maximum surcharge indicated in Annex 1.   Pursuant to Article 9 of the WTO Agreem ent on Safeguards, the provisional safeguard 
measure shall not be applied to imports orig inating in the countries listed in Annex 2. 
 
Article 3.  Duration of the provisional safeguard 
 
 The safeguard referred to in Article 1 sha ll have a non-extendable duration of 200 calendar 
days starting from the day following the publication of this Supreme Decree. 
 
Article 4.  Validity and endorsement 
 
 This Supreme Decree shall enter into force on the day following publication in the Official 
Journal " El Peruano " and shall be endorsed by the Ministers for Foreign Trade and Tourism, the 
Economy and Finance, and Production.  Done at Government House, Lima, on the twelfth day of the month of October of the year 2004. 
 Alejandro Toledo 
Constitutional President of Peru 
 Alfredo Ferrero Minister for Foreign Trade and Tourism  
Pedro Pablo Kuczynski 
Minister for the Economy and Finance  Alfonso Velásquez Tuesta Ministry of Production  G/SG/N/7/PER/1/Suppl.1 
 Page 7 
 
 
 ANNEX 1 
 
HEADING NO. DESCRIPTION MAXIMUM 
SURCHARGE 
US$/KG. 
6103330000 MEN'S OR BOYS' JACKETS AND BLAZERS, 
KNITTED OR CROCHETED, OF SYNTHETIC 
FIBRES 30.82 
6104330000 WOMEN'S OR GIRLS' JACKETS, KNITTED OR 
CROCHETED, OF SYNTHETIC FIBRES 30.82 
6109901000 T-SHIRTS, SINGLETS AND OTHER VESTS, 
KNITTED OR CROCHETED, OF ACRYLIC OR MODACRYLIC FIBRES  22.80 
6109909000 T-SHIRTS, SINGLETS AND OTHER VESTS, 
KNITTED OR CROCHETED, OF OTHER TEXTILE MATERIALS  22.80 
6110301000 JERSEYS, PULLOVERS, CARDIGANS, 
WAISTCOASTS AND SIMILAR ARTICLES, OF ACRYLIC OR MODACRYLIC FIBRES 33.83 
6110309000 JERSEYS, PULLOVERS, CARDIGANS, 
WAISTCOATS AND SIMILAR ARTICLES, OF 
ARTIFICIAL FIBRES 33.83 
6115939000 SOCKS AND OTHER HOSIERY, OF SYNTHETIC 
FIBRES 8.86 
6201130000 MEN'S OR BOYS' OVERCOATS, RAINCOATS, 
CAR-COATS, CAPES, CLOAKS AND SIMILAR ARTICLES, OF MAN-MADE FIBRES 30.82 
6203230000 MEN'S OR BOYS' ENSEMBLES, OF SYNTHETIC 
FIBRES 23.94 
6203320000 MEN'S OR BOYS' JACKETS AND BLAZERS, OF 
COTTON 30.82 
6203330000 MEN'S OR BOYS' JACKETS AND BLAZERS, OF 
SYNTHETIC FIBRES 30.82 
6203420012 TROUSERS AND BIB AND BRACE OVERALLS, OF 
COTTON CORDUROY 18.07 
6203420019 OTHER MEN'S OR BOYS' TROUSERS AND BIB 
AND BRACE OVERALLS, OF COTTON 18.07 
6204320000 WOMEN'S OR GIRLS' JACKETS AND BLAZERS, 
OF COTTON  30.82 
6204330000 WOMEN'S OR GIRLS' JACKETS AND BLAZERS, 
OF SYNTHETIC FIBRES 30.82 
6204620000 WOMEN'S OR GIRLS' TROUSERS, BIB AND 
BRACE OVERALLS, BREECHES AND SHORTS, OF 
COTTON 18.07 
6205200000 MEN'S OR BOYS' SHIRTS, OF COTTON 25.86 
6205300000 MEN'S OR BOYS' SHIRTS, OF MAN-MADE FIBRES 25.86 
6212100000 BRASSIÈRES, WHETHER OR NOT KNITTED OR 
CROCHETED 22.80 
6302220000 OTHER BED LINEN, PRINTED, OF MAN-MADE 
FIBRES  5.56 
 G/SG/N/7/PER/1/Suppl.1 
Page 8  
 
 ANNEX 2 
 For all heading numbers:  
Albania, Angola, Antigua and Barbuda, Argentin a, Armenia, Kingdom of Bahrain, Bangladesh, 
Barbados, Belize, Benin, Bolivia, Botswana, Br azil, Brunei Darussalam, Burkina Faso, Burundi, 
Cameroon, Central African Republic, Chad, Chile, Colombia, Congo, Costa Rica, Côte d'Ivoire, 
Croatia, Cuba, Cyprus, Czech Republic, Democratic  Republic of the Congo, Djibouti, Dominica, 
Dominican Republic, Ecuador, Egypt, El Salvador, Estonia, Fiji, Former Yugoslav Republic of 
Macedonia, Gabon, Gambia, Georgia, Ghana, Greece,  Grenada, Guatemala, Guinea, Guinea Bissau, 
Guyana, Haiti, Honduras, Hong Kong - China, Hungary, Iceland, India, Indonesia, Ireland, Israel, 
Jamaica, Jordan, Kenya, Republic of Korea, Kuwait,  Kyrgyz Republic, Latvia, Lesotho, Lithuania, 
Luxembourg, Macau - China, Madagascar, Malawi, Malaysia, Maldives, Mali, Malta, Mauritania, 
Mauritius, Mexico, Moldova, Mongolia, Morocco, Mozambique, Myanmar, Namibia, Nepal, 
Nicaragua, Niger, Nigeria, Oman, Pakistan, Pa nama, Papua New Guinea, Paraguay, Philippines, 
Poland, Qatar, Romania, Rwanda, Saint Kitts a nd Nevis, Saint Lucia, Saint Vincent and the 
Grenadines, Senegal, Sierra Leone, Singapore, Sl ovak Republic, Slovenia, Solomon Islands, South 
Africa, Sri Lanka, Suriname, Swaziland, Chinese Ta ipei, Tanzania, Thailand, Togo, Trinidad and 
Tobago, Tunisia, Turkey, Uganda, United Arab Em irates, Uruguay, Venezuel a, Zambia, Zimbabwe. 
 Except for the following subheadings: 
 
Subheading Country 
6109909000 Except India, Hong Kong, China, South Korea, Indonesia, Thailand and 
Malaysia 
6115939000 Except Chinese Taipei  
6205200000 Except India, Hong Kong, China, Ch inese Taipei, Brazil, South Korea, 
Panama, Indonesia, Thailand, Philippines, Vietnam and Malaysia 
6205300000 Except South Korea 
6302220000 Except Pakistan and Panama 
 
__________