G/SG/Q2/ZMB/3  
 
28 June 2016  
(16-3477)  Page: 1/2  
Committee on Safeguards  Original: English  
 
 NOTIFICATION UNDER ARTICLE 12.1(A) OF THE AGREEMENT 
ON SAFEGUARDS ON INITIATI ON OF AN INVESTIGATION 
AND THE REASONS FOR IT 
 
NOTIFICATION UNDER ARTICL E 12.4 OF THE AGREEMENT 
ON SAFEGUARDS BEFORE TAKING A PROVISIONAL SAFEGUARD MEASURE REFERRED TO IN ARTICLE 6 
FOLLOW-UP QUESTIONS POSED BY THE UNITED STATES 
REGARDING THE RESPONSE OF ZAMBIA
1 
(Flat - rolled products of iron, non - alloy steel, 
trailers and semi - trailers) 
The following communication, dated 28 June 2016, is being circulated at the request of the 
Delegation of the United States.  
 
_______________ 
  The United States thanks Zambia for its replies to the questions from the United States regarding 
Zambia's notification of the initiation of an investigation on flat-rolled products of iron, non-alloy 
steel, trailer and semi-trailers, and poses the following follow-up questions: 
Question 1 
In its reply to Question 1, Zambia stated that the form of the measure was a tariff increase, but 
did not reply to the part of the question reques ting the amount of the tariff increase. Please 
identify the amount of the tariff increase in question.  
Question 2 
In its reply to Question 2, Zambia stated that "[i]t was necessary to institute the provisional 
measures due to critical circumstances prevailing at  the time." Please identify the specific "critical 
circumstances" relied upon in making the determination. 
Question 3 
In its reply to Question 3 as to why Zambia did not address a number of factors listed in 
Article 4.2(a) of the Safeguards Agreement when making its determination to impose provisional 
measures, Zambia replied that it "was guided by Article 6 of the Safeguard Agreement which 
states that ... the subsequent investigation referred to in paragraph 2 of Article 4 does not determine that increased imports have caused or threatened to cause serious injury to a domestic 
industry ..." and that the "steps in Article 4.2 are expected to be done during the full 
investigation." However, the provision relied upon by Zambia addresses a scenario as to when duties would be promptly refunded. It does not authorize the competent authorities to omit an 
analysis of the factors listed in Article 4.2(a) of the Safeguards Agreement. In fact, Article 6 
provides elsewhere that before a Member may impose provisional measures, its competent 
                                               
1 G/SG/Q2/ZMB/2 (dated 21 June 2016). G/SG/Q2/ZMB/3 
 
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  authorities must first determine that there is clear evidence that "increased imports have caused 
or are threatening to cause serious injury." This is the same language contained in Article 4.2(a). Therefore, please explain whether Zambia has addressed these factors and identified clear evidence relating to serious injury. 
Question 4 
In its reply to Question 4, Zambia stated that it will "publish a report setting forth {its} findings 
and reasoned conclusions on all pertinent issues of fact and law." Please indicate when Zambia will 
publish such a report with regard to its determination to impose provisional measures, as required 
under Article 3.1(a). Also, please provide the period(s) for when interested parties may present evidence and their views with regard to the provisional measures findings. 
Question 5  
It does not appear that Zambia provided a reply to the second part of original Question 5 posed by 
the United States. Therefore, we re-state it here: "the investigation(s) were initiated in July, but the notification was not submitted until October 2015. Article 12.1 of the Safeguards Agreement 
provides that a Member 'shall immediately notify' the Committee when it initiates an investigation. 
As has been pointed out by Members during past Committee meetings, notifications are oftentimes the only way that Members and interested parties know of the existence of an investigation, so 
delayed notifications may affect the ability of exporters and other interested parties to prepare and 
present evidence and views. Please explain why it took Zambia nearly three months to notify both the initiation of its investigation and its decision to apply a provisional safeguard measure." In addition, please explain how a notification more than three months after initiation satisfies the 
"immediately notify" requirement in Article 12.1. 
Question 6  In its reply to Question 6, Zambia stated that its October 2015 notification indicates the period of 
consultations. That notification only provides for a 30-day period from the date of initiation where 
"[a]ll interested parties may send their views". Given that the date of initiation was July 10, 2015, the 30-day period would have expired on August 9, 2015. Yet, the notification was made in 
October 2015. In addition, provisional measures began to take effect as of July 10, 2015. Please 
explain how the application of provisional measures immediately upon initiation of the investigation and the gap of more than three months from initiation to notification is consistent with the obligation in Article 12.4 of the Safeguards Agreement to "make a notification to the 
Committee on Safeguards before taking a provisional safeguard measure" and the provision of 
consultations "immediately after" the measure is taken.  
Question 7 
In its reply to Question 7, Zambia clarified that "[t]he investigation was based on past data to 
determine whether the products in question were imported into Zambia in such increased quantities so as to cause serious injury to its domestic industry" and not based on the period of 
investigation listed in the notification. Please clarify when Zambia will submit a corrected 
notification to identify the proper period of investigation that was examined. 
Question 8  
In its reply to Question 8 regarding the provisio n of publicly available documents containing the 
relevant decisions made by the competent authority, Zambia replied that "[i]nformation regarding 
investigations and the findings will be submitte d once the reports are finalized." Please confirm 
that Zambia intends to make available to WTO Members its determination to impose provisional 
measures. 
 
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