G/SG/149  
 
6 February  2018 
(18-0823) Page: 1/2 
Committee on Safeguards  Original: English  
 
 
IMPOSITION  OF A SAFEGUARD MEASU RE BY THE UNITED STATES  
ON IMPORTS  OF CRYSTALLINE SILICON PHOTOVOLTAIC CELLS  
REQUEST FOR CONSULTA TIONS UNDER ARTICLE 12.3 
OF THE AGREEMENT ON SAFEGUARDS  
CHINA 
The following communication, dated 6 February 2018, is being circulated at the request of the 
Delegation of China . 
_______________  
On 26 January 2018, the Government of the United States of America ( "United States ") notified 
the WTO Committee on Safe guards pursuant to Article 12.1(c) of the WTO Agreement on 
Safeguards ( "Safeguards Agreement ") of its decision to apply a safeguard measure on imports of 
crystalline silicon photovoltaic cells (whether or not partially or fully assembled into other 
product s).1 On 4 December 2017, the United States indicated that it was prepared to consult with 
those WTO Members that have a substantial interest as exporters of products concerned.2 
As a Member that is a major exporter of the product at issue, T he People 's Republic of China  
("China " or "we") hereby formally requests consultations with the United States pursuant to 
Article  12.3 of the Safeguards Agreement  and Article XIX:2 of the General Agreement on Tariffs 
and Trade 1994 (GATT 1994) with respect to the Un ited States' safeguard measures on crystalline 
silicon photovoltaic cells (whether or not partially or fully assembled into other products). 
These measures include:  
 The Presidential Proclamation to Facilitate Positive Adjustment to Competition from 
Imports  of Certain Crystalline Silicon Photovoltaic Cells, signed on 23 January  20183; 
 The affirmative injury determination issued by the U.S. International Trade Commission 
("USITC ") on 22 September 20174, which was report ed to U.S. President Donald Trump 
in Nov ember 2017;  
 The supplemental report of the USITC regarding unforeseen developments issued on 
December 27, 2017; and  
 Any amendments thereto or extension thereof, and any  other  related measures.  
                                                
1 G/SG/N/8/USA/9/Suppl.4 -G/SG/N/10/USA/7 -G/SG/N/11/USA/6 (dated 26 January 2018).  
2 G/SG/N/8/USA/9/Suppl.2 (dated 4 December 2017).  
3 Proclamation 9693 of 23 January 2018 – To Facilitate Positive Adjustment to Competition From 
Imports of Certain Crystalline Silicon Photovoltaic Cells (Whether or Not Partially or Fully Assembled Into Other 
Products) and for Other Purposes, United States Federal Register, 25 January 2018 (Volume 83, Number 17).  
4 Public Report,  Crystalline Silicon Photovoltaic Cells , Inv. No. TA -201-075, USITC Pub. 4739 
(Nov.  2017).  G/SG/149  
 
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  We believe the measures taken by the United States are not cons istent with its  obligations under 
the relevant provisions of the GATT 1994 and Safeguards Agreement  which includ e, but are not 
limited to: Articles I, II, X, XI, XIII, and XIX of GATT 1994 and Articles 2, 3, 4, 5, 7, and 12 of the 
Safeguards Agreement . 
Article 12.3 of the Safeguards Agreement  entitles China , as an exporter with a substantial interest 
in the product concerned,  to have an adequate opportunity for prior consultations before 
application of a measure. This request does not prejudge China's po sition on whether the period 
between the announcement and application of the proposed measure provides sufficient amount of 
time for a meaningful exchange  of views , as required under Article 12.3.  
In accordance with  Article 8.1 of the Safeguards Agreement , China also is exercising its right to  
trade compensation  consultation s. However, in the process of the se consultations, China  reserves 
the right to raise additional issues , make further factual and legal arguments , and pursue any 
other remedies provided for under the Safeguards Agreement  and the Understanding on Rules and 
Procedures Governing the Settlement of Disputes.  
China would like to  set the consultations  mentioned above on 9 February or 12 February, 2018 and 
looks forward to  a prompt reply to this request from the United States . 
 
 
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