G/ADP/Q1/CHL/8  
G/SCM/Q1/CHL/8  
G/SG/Q1/CHL/6  
16 April 2014  
(14-2376)  Page: 1/2  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures 
Committee on Safeguards  Original: Spanish  
 
  NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLES 18.5, 32.6 AND 12.6 OF THE AGREEMENTS 
REPLIES TO FOLLOW-UP QUESTIONS POSED BY THE UNITED STATES1 
REGARDING THE REPLIES OF CHILE2 
The following communication, dated 15 April 2014, is being circulated at the request 
of the delegation of Chile.  
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 Question 1 
 
In its reply to Question 3, Chile stated  "[i]n particular, with regard to the 
recommendation and application of provisiona l measures, all the pertinent requirements 
of Article 2 to 7 and 12 (including the notification requirement under Article 12.4) 
have been met, in accordance with Article 6 of the Agreement on Safeguards, under which interested parties may defend their interests". However, the Articles referenced above have to do with the injury standard to be met and the duration of a measure; 
furthermore, the Article 12.4 notification only provides for notification of a measure 
before it is taken. Could Chile please clar ify whether in this situation (i.e., where 
interested parties (outside of the applic ant) are not notified of an application 
until initiation in instances where an in terested party has requested application 
of a provisional measure at the same time  as requesting the initiation of an 
investigation), there will be re asonable public notice such that interested parties will 
be given ample opportunity to defend their interests in the issue of the application 
of provisional measures before such  measures are actually imposed? 
 
Reply 
 Between the time in which the President of the Re public adopts the decision to apply a measure 
and when it is applied (through publication in the Official Journal), the notification under 
Article 12.4 is made to the WTO Committee on Safeguards, proposing that consultations be carried 
out immediately after the adoption of the measure.  The information on which the decision to apply 
the provisional measure is based forms an integral part of the notification and is brought to the 
attention of the government of the exporting Member. 
 Article 6 of the Agreement on Safeguards descr ibes the "critical circumstances" in order 
for a provisional  measure to be applied as those "where delay would cause damage which it would 
be difficult to repair". The Article accordingly specifies that there must be a "preliminary 
determination that there is clear evidence that increased imports have caused or are threatening 
to cause serious injury". Once this "preliminary determination" has been verified, the remaining 
pertinent requirements of Articles 2 to 7 and 12 shou ld be met, as stipulated in Article 6, during 
the period in which the provisional  measure is applied. 
 
                                               
1 G/ADP/Q1/CHL/7-G/SCM/Q1/CHL/7-G/SG/Q1/CHL/5. 
2 G/ADP/Q1/CHL/6-G/SCM/Q1/CHL/6-G/SG/Q1/CHL/4. G/ADP/Q1/CHL/8 • G/SCM/Q1/CHL/8 • G/SG/Q1/CHL/6 
- 2 - 
  Question 2 
 The follow-up question above also pertains to Chile's reply to Question 4.a., where Chile refers the United States to Chile's response to Question 3. Therefore, could Chile please 
clarify in this situation (i.e., where, at an y stage of the investigation, the Commission 
may recommend to the President of the Republic that the provisional measures be modified or repealed), whether parties would be able to provide comments prior 
to any modification of duties? 
 Reply 
 
Between the time in which the original measure is applied and the authority decides to modify 
it, the interested parties have sufficient time to provide all evidence and information that they deem relevant. Therefore, when the modification  is made, the authority will necessarily have 
to take into account the information which has been brought to its attention. 
 
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