WORLD TRADE  
ORGANIZATION  G/SG/67 
14 January 2004 
 
 (04-0108) 
Committee on Safeguards Original:   English/ 
 Spanish 
 
 
 
TRANSITIONAL PRODUCT-SPECIFIC SAFEGUARD ON IMPORTS OF  
TEXTILE PRODUCTS AND CLOTHING INTO PERU FROM  
THE PEOPLE'S REPUBLIC OF CHINA 
  
 The following communications, dated 30 Decemb er 2003, are being circulated at the request 
of the delegation of Peru.  
_______________ 
 
 Request for Consultations from Peru
 
  The Permanent Mission of Peru to the Un ited Nations Office and other International 
Organizations in Geneva presents its compliments to the Permanent Mission of the People's Republic 
of China to the WTO and has the honour to forward herewith a copy of the Supreme Decree No. 026-
2003-MINCETUR, published in the Peruvian Official  Gazette on 25 December 2003, that establishes 
the application of provisional safeguard measures to a list of textile products and clothing originated 
in the People's Republic of China within the framework of the Transitional Product-Specific 
Safeguard Mechanism contained in the Protocol of Accession of the People's Republic of China to the 
WTO (Paragraph 7 of Section 16). 
  In this regard, the Permanent Mission of Pe ru to the WTO kindly presents its request for 
bilateral consultations to the Honourable Government  of the People's Republic of China with a view 
to seeking a mutually satisfactory solution.  
Notification of Application of a Provisional Safeguard Measure
 
  The Permanent Representation of Peru to the World Trade Organization presents its 
compliments to the Secretariat of the World Trade Organization (Rules Division) and transmits herewith a copy of Supreme Decree No. 026-2003-MI NCETUR, published in the Official Journal, El 
Peruano, on 25 December 2003, by which the Govern ment of Peru establish es, under paragraph 7 of 
Section 16 of the Protocol of Accession of the Peopl e's Republic of China to the WTO, the application 
of provisional transitional safeguard measures to the imports of made-up textile articles originating in 
the People's Republic of China as listed in Annex I to the said Decree.  The provisional measures will 
be applied for a period of 200 days starting on the day following the publication of the Supreme 
Decree. 
  Pursuant to the cited paragraph of Section 16 of the Protocol of Accession of the People's 
Republic of China to the WTO, the Government of Pe ru has requested bilatera l consultations with the 
Government of the People's Republic of China w ith a view to reaching a mutually satisfactory 
solution.  A copy of that re quest is included herewith. 
 G/SG/67 
Page 2  
 
 MINCETUR 
 
Establishment of a Provisional Transitional Safeguard on Imports of 
Made-Up Textile Articles from the People's Republic of China 
 
SUPREME DECREE NO. 026-2003-MINCETUR 
 
 
WHEREAS:  
 By Legislative Resolution No. 26407, the Legi slative incorporated into domestic law the 
Agreement Establishing the World Trade Organiza tion (WTO) and the multilateral trade agreements 
contained in the Final Act of the Uruguay Round, signed in Marrakesh, Morocco, on 15 April 1994;   The Protocol of Accession of the People's  Republic of China to the WTO establishes a 
transitional product-specific safeguard mechanism in Section 16, paragraph 7 of which provides that 
in critical circumstances, where delay would cause damage which it would be difficult to repair, the 
WTO Member so affected may take a provisional safeguard measure pursuant to a preliminary determination that imports from the People's Republic  of China have caused or threaten to cause 
market disruption;  
 Supreme Decree No. 023-2003-MINCETUR established the procedure for adopting 
transitional safeguards under the rules and commitm ents accepted by the Members of the World 
Trade Organization;   In a letter of 10 October 2003, the Sociedad Nacional de Industrias  requested of the Dumping 
and Subsidies Commission ( Comisión de Fiscalización de Dumping y Subsidios ) of the National 
Institute for the Defence of Competition and the Protection of Intellectual Property ( Instituto Nacional 
de Defensa de la Competencia y de la  Protección de la Propiedad Intelectual – INDECOPI), as 
investigating authority, the application of tran sitional safeguards on imports of made-up textile 
articles from the People's Republic of China;  
 Report No. 037-2003/CDS by the Dumping and Subsidies Commission of INDECOPI 
contained a preliminary determination of the ex istence of evidence justifying the imposition of 
provisional transitional safeguard measures on import s of made-up textile articles from the People's 
Republic of China, having found definite evidence that these imports were causing market disruptions 
in that subsector; 
 
 The cited report also determined that ther e were critical circumstances justifying the 
immediate application of provisional transitional saf eguard measures, having shown that there was a 
significant increase in imports of made-up textile ar ticles of Chinese origin during the current year, 
and that if this trend continued, it could cau se damage that would be difficult to repair; 
 
 The Multisectoral Commission, in its session of  19 December 2003, considered that a market 
disruption in the made-up textiles sector as a result of increased imports of made-up textiles from the 
People's Republic of China had been established;   Bearing in mind the export capacity of the People's Republic of China, both existing and 
potential, and the analysis conducted by the inv estigating authority, the Multisectoral Commission 
determined that any delay in the adoption of a safe guard measure could result in injury which it would 
be difficult to repair in the said subsector, and that consequently, it was necessary to apply, 
immediately, a provisional transitional safeguard me asure to certain made-up textile articles from the 
People's Republic of China;  G/SG/67 
 Page 3 
 
 
  
 In accordance with Legislative Resolution No. 26407, the Protocol of Accession of the 
People's Republic of China and Supreme Decree No. 023-2003-MINCETUR;  IT IS HEREBY DECREED: 
 
Article 1 – Establishment of a provisional transitional safeguard  
 
 A provisional transitional safeguard shall be a pplied to imports of made-up textile articles 
from the People's Republic of China as listed in Annex I, which forms an integral part of this Supreme 
Decree. 
 
Article 2 – Arrangements for application  
 
 The amount of the provisional transitional safegua rd provided for in Article 1 of this Supreme 
Decree shall reflect the difference between the c.i.f. import price and the maximum surcharge 
mentioned in Annex I.   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 I.  Article 3 – Duration of the provisional transitional safeguard measure  
 
 The safeguard referred to in the preceding artic le shall have a duration of 200 days starting 
from the day following the publica tion of this Supreme Decree. 
 
 Done at Government House, Lima, on the twenty-third day of the month of December of the 
year 2003.  ALEJANDRO TOLEDO Constitutional President of the Republic  
ALFREDO FERRERO 
Minister of Foreign Trade and Tourism  MANUEL RODRÍGUEZ CUADROS  Minister of Foreign Affairs 
 
JAIME QUIJANDRÍA SALMÓN  Ministry of the Economy and Finance  JAVIER REÁTEGUI ROSSELLÓ  Minister of Production G/SG/67 
Page 4  
 
 Annex I 
  
CATEGORY TARIFF SUBHEADING MAXIMUM SURCHARGE 
(US$/KG) 
6203230000 
6204230000 
6203120000 
6104230000 
6203220000 
6103230000 A: Suits, ensembles 
6203290000 23.94 
6201130000 
6203330000 
6203320000 
6204320000 
6204330000 
6104330000 
6201930000 
6103330000 
6202930000 
6202130000 
6114200000 
6114300000 
6210400000 
6201920000 B: Great-coats and the like 
6201120000 30.82 
6205200000 
6109100039 
6205300000 
6206300000 
6206400000 
6109100049 
6105209000 
6109100031 
6105201000 C: Blouses, shirts 
6105100041 25.86  G/SG/67 
 Page 5 
 
 
 CATEGORY TARIFF SUBHEADING MAXIMUM SURCHARGE 
(US$/KG) 
6204620000 
6203420019 
6203420011 
6203430000 
6204630000 
6203420012 
6203420029 
6104630000 
6104620000 
6103420000 
6203420030 D: Trousers and shorts 
6103430000 18.07 
6204520000 
6204530000 
6204430000 
6104530000 
6204420000 
6104420000 
6104430000 
6204590000 
6104520000 
6204490000 
6104590000 E: Dresses and skirts 
6204510000 35.22 
6212100000 
6109909000 
6109901000 
6108210000 
6108220000 
6212200000 
6208220000 
6208920000 
6207210000 
6108320000 
6212900000 F: Underwear 
6212300000 22.8 
6115939000 
6115920000 
6115190000 G: Stockings, tights, socks 
and pantyhose 
6115932000 8.86 G/SG/67 
Page 6  
 
 CATEGORY TARIFF SUBHEADING MAXIMUM SURCHARGE 
(US$/KG) 
6211330000 
6116930000 
6211110000 
6215200000 
6211430000 
6214300000 
6210200000 
6112120000 
6112410000 
6211420000 
6117100000 
6211320000 
6213200000 
6216000090 H: Sportswear and 
accessories 
6117909000 26.39 
6111300000 
6209200000 
6111200000 I: Babies' garments 
6209300000 14.69 
6110309000 
6110301000 
6110200030 
6110110090 
6110200090 
6110190090 S: Sweaters 
6110900000 33.83 
C1: Towels 6302600000 6.18 
6302320000 
6302390000 
6302220000 
6302310000 
6302290000 
6302210000 C2 and C2*:  Sheets and other 
bedlinen 
6302109000 5.56 
 
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