WORLD TRADE  
ORGANIZATION   
G/SG/N/7/RUS/1 
G/SG/N/11/RUS/1 
8 January 2013 
 (13-0051) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION UNDER ARTICLE 12.4 OF THE AGREEMENT ON SAFEGUARDS 
BEFORE TAKING A PROVISIONAL SAFEGUARD MEASURE 
REFERRED TO IN ARTICLE 6 
 
NOTIFICATION PURSUANT TO ARTICLE 9, FOOTNOTE 2 OF 
THE AGREEMENT ON SAFEGUARDS 
 
RUSSIA 
 
(Harvesters) 
   The following communication, dated 20 December 2012, is being circulated at the request of 
the Delegation of Russia.  
_______________ 
 
 A. N
OTIFICATION UNDER ARTICLE 12.4  BEFORE TAKING A PROVISI ONAL SAFEGUARD MEASURE 
REFERRED TO IN ARTICLE 6 
 
1. Provide the precise description of the product involved. 
 
Provide the Harmonized System  numbers under which the product enters at least at 
a 6-digit HS level, and at a sub-national level (e.g. 8-digit HS, 9-digit HS or 10-digit HS) if 
practicable.  (The HS codes will be provided for reference purposes only.) 
  Combine harvesters and modules, consisting at least of threshing and separating device, 
equipped or not equipped with the threshing dr um, cleaning systems and engine mounted on the 
support base or the frame and chassis, which envisages the installation of bridges, wheels or tracks, 
classified under the following codes of the Single Commodity Nomenclature for Foreign Economic Activities of the Customs Union:  8433 51 000 1, 8 433 51 000 9, 8433 90 000 0.  The above codes are 
provided only for information purposes.  
 
2. Specify the proposed provisional safeguard measure. 
 
It is proposed to apply a provisional safeguard measure in the form of a provisional safeguard 
duty at the rate of 27.5 per cent ad-valorem of the customs value of the products being imported into 
the single customs territory  of the Customs Union . 
 
3. Specify the proposed date of introduction of the provisional safeguard measure. 
 
The measure will become effective 30 calendar da ys from the date of the publication of the 
decision of the Eurasian Economic Commission.  
 G/SG/N/7/RUS/1 
G/SG/N/11/RUS/1 Page 2 
 
 
  4. Specify the expected duration of the provisional safeguard measure, if any decision on 
the duration of the measure has been made. 
 
The provisional safeguard measure is propo sed to be applied until 5 July 2013. 
 
5. Provide the basis for: 
  (i) making a preliminary determination, as provided for in Article 6, that increased 
imports have caused or are threate ning to cause serious injury;  and 
 
During the period from 2009 to 2011 imports of the product under the investigation increased 
in absolute terms by 19.9 per cent, whereas in relation to the Customs Union production imports 
increased by 2.4 percentage points.   
During the same period volume of the production of combine harvesters by the Customs 
Union industry (hereinafter "the CU industry") decreased by 14.4 per cent, volumes of sales of the above product in the Customs Union decreased by 43.4 per cent, inventories of the above product 
grew by 67.4 per cent, the market share held by the CU industry decreased by 14.6 percentage points, 
profits decreased by 360 per cent, investments di rected at the production development decreased 
by 580 per cent.  
 
In the first half of 2012 as compared to the fi rst half of 2011 there has been an increase of 
imports in absolute terms by 92.3 per cent and in relation to Customs Union production imports have 
increased by 8.5 percentage points.    
In the first half of 2012 as compared to the firs t half of 2011 situation of the CU industry has 
worsened significantly:  market sh are held by the CU industry has d ecreased by 10 percentage points, 
volumes of the production of combine harvesters have decreased by 10 per cent, volumes of sales of the above product have decreased by 20.6 per cent.  As of the end of the first half of 2012 CU 
industry's inventories of the product has reached the level that exceeds the volumes produced by 
the CU industry in the first half of 2012 by 7.1 per cent.  
 
Based on the above it has been preliminarily de termined that the product under investigation 
is being imported into the single customs territory of the Customs Union in such quantities and under 
such conditions as to cause serious  injury to the CU industry. 
  (ii) determining that there are critical circumstances where delay would cause 
damage which it would be difficult to repair. 
 
Determination of the existence of critical circumstances where delay would cause damage 
which it would be difficult to repair has been made based on the rate of increase in imports and the significant worsening of the situation of the CU industry in the first half of 2012. 
 
6. Members are encouraged to provide the following information: 
 
 (i) The major exporting Members of imports of the product involved .
  
 
The major exporting Members of the product under investigation are the European Union, the 
United States, the People's Republic of China.    G/SG/N/7/RUS/1 
 G/SG/N/11/RUS/1 
 Page 3 
 
 
   (ii) If there are Members to which the measure does not apply for any reason other 
than the application of Article 9.1, the na mes of such exporting Members and reasons 
for non-application of the measure .  
 
Not applicable.  
 
7. Members are encouraged to attach, in  an electronic form, publicly available 
document(s) containing the relevant decision(s ) made by the competent authority.  This 
document may be in the original language of  the Member, even when the language is not 
one of the official languages of the WTO.  The document will neither be translated nor 
circulated to the Committee, but will be ma de available by the Secretariat to Members 
requesting it. 
 
Relevant decisions of the Eurasian Econom ic Commission are published on the official 
website of the Eurasian Economic Commission ( www.eecommission.org ). 
 
B. NOTIFICATION UNDER ARTICLE 9, FOOTNOTE 2 OF NON -APPLICATION OF THE SAFEGUARD 
MEASURE TO THE PRODUCT ORIGINATING IN CERTAIN DEVELOPING COUNTRIES  
1. Specify the measure. 
 
The proposed measure is described in the No tification submitted under Article 12.4 of the 
Agreement on Safeguards. 
 
2. Specify the product subject to the measure. 
 
The product subject to the proposed measure is  described in the Notification submitted under 
Article 12.4 of the Agreement of Safeguards. 
 
3. Specify the developing countries to which th e measure is not applied under Article 9.1 of 
the Agreement on Safeguards, and the import  shares of these countries individually and 
collectively. 
 
The measure shall not be applied to the produc t originating in the developing countries – 
users of the Customs Union Tariff Preferences Syst em except for the People's Republic of China.  
Shares of imports from these countries except for th e People's Republic of China individually do not 
exceed 3 per cent and collectively do not account for more than 9 per cent. 
 
4. Subsequently, if there is a change in the lis t of developing countries exempted from the 
safeguard measure pursuant to Article 9.1, please notify: 
 
(i) the reference to the WTO document th at notified the Members about the initial 
action under footnote 2 to Article 9.1; 
 
(ii) if applicable, names of the countries which are dropped from the list of developing countries to which the safeguard measure does not apply pursuant to Article 9.1, the list of the countries remaining on th e list, the individual and collective import 
shares of the developing countries remaining on the list, and the date on which the 
safeguard measure applies to the countries dropped from the list; 
 
(iii) if applicable, names of the countries which are added to the list of developing 
countries to which the safeguard measure does not apply pursuant to Article 9.1, the list G/SG/N/7/RUS/1 
G/SG/N/11/RUS/1 Page 4 
 
 
  of all the countries on the list, the individual and collective import shares of the 
developing countries on the list, and the da te from which the safeguard measure does 
not apply to the countries which are added to the list. 
 
Not applicable.   
 
The address of the competent authority for correspondence is:   
 
Eurasian Economic Commission 
Department for Internal Market Defen сe 
3/5, Smolensky boulevard  Moscow, 119121, Russia Tel.  +7 (495) 604-40-38 ext.1272 Fax  +7 (495) 604-40-37 
E-mail:  dzm@tsouz.ru    
 
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