G/SG/Q1/ZWE/2  
28 April 2021 
(21-3610) Page: 1/3 
Committee on Safeguards  Original:  English  
 
  
NOTIFICATION OF LAWS AND REGULATIONS UNDER  
ARTICLE 12.6 OF THE AGREEMENT  
REPLIES TO QUESTIONS1 POSED BY THE UNITED STATES  
REGARDING THE NOTIFICATION OF ZIMBABWE2 
The following communication dated  and received on 26 April 2021 , is being circulated at the request 
of the Delegation of Zimbabwe . 
 
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Question 1  
There are various time limits specified throughout the Regulations.  Please clarify whether 
these are calendar days or business d ays. 
Reply : 
These are calendar days as per the WTO Safeguards Agreement.  
Question 2 
Article 9(1)(j)  of the Regulation s states that a written request for the application shall 
include, among other information, "… information on the effect of relevant obligations 
incurred by Zimbabwe under GATT 1994 ." Article 29(2)(f) of the Regulations  contains  
similar language.  Please provide an additional explanation for what type of information 
shall be provided under th ese sub-article s. 
Reply : 
Article 9(1)(j) is part of the information required from the applicant. It requires the applicant to 
provide details  on how the commitments made under GATT 1994 by Zimbabwe, such as tariff 
concessions are affecting the industry. Whereas Article 29(2)(f) is under the information to be 
included in the notice which will be published in the Gazette, immediately upon taking a decision 
regarding the application of a definitive safeguard measure. In this regard, Article 29(2)(f) is 
information which will be included in the report but it will be provided under Article 9(1)(j) by 
applicants.  
Question 3 
If the investigating authority decides to initiate a safeguard investigation on its own 
initiative, what indication or evidence supporting that decision will be placed on the public 
case file for review by parties?  
 
1 G/SG/Q1/ZWE/1.  
2 G/SG/N/1/ZWE/3.  G/SG/Q1/ZWE/2  
- 2 - 
  Reply : 
The process is the same with that where the industry wou ld have filed an application, as the ex -officio 
initiation require the industry to provide all the evidence to prove that they are being seriously 
injured. Public case file will contain information obtained from the industry, though, this is a rare 
case to  have own initiation by the Investigating authority.  
Question 4 
Article 12(2) of the Regulations notes that interested parties have 30 days from the date 
of initiation of a safeguard investigation to express their interest in participating in the 
investig ation . Please describe  the information interested parties should submit to indicate 
their interest  to participate in the proceeding  and identify any requirements that 
interested parties must meet to participate in the proceeding . 
Reply : 
Interested parties involve importers, exporters and domestic industry whose input to the 
investigation is important. As such interested parties can present evidence and their views as well 
as responding to the presentations of other parties as to whether o r not the application of a safeguard 
measure would be in the public interest.  
Question 5 
Will the published  report discussed in Article 26(2) of the Regulations  also be made 
available on the public case file?  
Reply : 
Yes, taking note of the confidential clauses.  
Question 6 
Article ( 27)(2)(d) of the Regulations notes that the notice published by the investigating 
authority  will include "the country or countries of origin of the product that is being 
investigated ." Please clarify this provision since a global safeguard investigation is 
applied to imports regardless of their source . 
Reply : 
In as much this will be a global safeguard investigation, the provision states that the notice will 
include countries in which the product under inves tigation will be originating from. This is more of 
publication of countries to be affected should there be a definitive measure to be applied on the 
product under consideration, though it will be applied globally.  
Question 7 
With regard to Article 40 of t he Regulations, if there are discrepancies between the 
Regulations and the WTO Agreement on Safeguards, which authority holds precedence?  
Reply : 
These regulations shall be applied in conformity with the obligations of Zimbabwe under the 
Agreement Establish ing the World Trade Organization, done at Marrakesh, on 15 April 1994, 
including the General Agreement on Tariffs and Trade 1994 (GATT 1994) and the Agreement on 
Safeguards.  
In cases of discrepancy, it means the General Agreement on Tariffs and Trade 1994 (GATT 1994) 
and the Agreement on Safeguards will take precedence over these regulations.  G/SG/Q1/ZWE/2  
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  Question 8  
Please clarify whether and how interested parties can appeal decisions made by the 
investigating authority . 
Reply : 
Interested parties can appeal against the decision made by the investigating authority at the 
Administration Court.  
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