G/SG/Q2/KGZ/4  
 
1 February 2016  
(16-0676)  Page: 1/2  
Committee on Safeguards  Original: English  
 
NOTIFICATION UNDER ARTICLE 12.1(A) OF THE 
AGREEMENT ON SAFEGUARDS ON INITIATION OF 
AN INVESTIGATION AND THE REASONS FOR IT 
 
NOTIFICATION UNDER ARTICLE 12.1(B) OF THE AGREEMENT 
ON SAFEGUARDS ON FINDING OF SERIOUS INJURY OR 
THREAT THEREOF CAUSED BY INCREASED IMPORTS 
 
NOTIFICATION PURSUANT TO ARTICLE 12.1(C) 
OF THE AGREEMENT ON SAFEGUARDS 
 
NOTIFICATION PURSUANT TO ARTICLE 9, FOOTNOTE 2, 
OF THE AGREEMENT ON SAFEGUARDS 
QUESTIONS POSED BY THE UN ITED STATES REGARDING 
THE NOTIFICATIONS OF THE KYRGYZ REPUBLIC1 
The following communication, dated 27 January 2016, is being circulated at the request of the 
Delegation of the United States. 
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The United States thanks the Kyrgyz Republic  for its notifications regarding the safeguard 
measures on harvesters and modules thereof and poses the following questions:  
Question 1 
 Article 2 of the WTO Agreement on Safeguards stat es that a safeguard measure may be applied by 
a Member if the Member has determined that a product "is being imported into the territory in 
such increased quantities, absolute or relative to domestic production, and under such conditions as to cause or threaten to cause serious injury to the domestic industry that produces like or directly competitive products". Given that the do mestic industry of the Kyrgyz Republic was not 
taken into account when the original determination of serious injury was made and the measure 
on harvesters and modules thereof was put into pl ace, what type of process does the Eurasian 
Economic Union envision will take place to do a re-assessment of serious injury to the "domestic" 
industry to take the addition of the Kyrgyz Republic into account?
2 What will be the timing of such 
a process? 
Question 2 
 
Article 5.1 of the WTO Agreement on Safeguards states that a Member shall apply safeguard measures "only to the extent necessary to prevent or remedy serious injury and to facilitate adjustment". Please explain how the measure, as extended to include the Kyrgyz Republic, meets 
the requirements of Article 5.1. 
                                               
1 G/SG/N/6/KGZ/5-G/SG/N/8/KGZ/3-G/SG/N/10/KG Z/3-G/SG/N/11/KGZ/1 (dated 7 January 2016). 
2 See Article 2 footnote 1 ("When a customs union a pplies a safeguard measure as a single unit, all the 
requirements for the determination of serious injury or threat thereof unde r this Agreement shall be based on 
the conditions existing in the customs union as a whole. When a safeguard measure is applied on behalf of a 
member State, all the requirements for the determination of serious injury or threat  thereof shall be based on 
the conditions existing in that member State and th e measure shall be limited to that member State"). G/SG/Q2/KGZ/4 
 
- 2 - 
 
  Question 3 
 Article 12 of the WTO Agreement on Safeguards imposes certain notification and consultation requirements, including with respect to initiating an investigatory process relating to serious 
injury, making a finding of serious injury, and taking a decision to apply or extend a measure. 
It also requires that a Member proposing to apply or extend a safeguard measure provide the Committee on Safeguards "with all pertinent information, which shall include evidence of serious 
injury or threat thereof caused by increased imports" and so forth. It also requires that a Member 
proposing to apply or extend a safeguard measure "shall provide adequate opportunity for prior consultations with those Members having a substantial interest as exporters of the product concerned". Please explain how those requirements were met with respect to the decision to 
include the Kyrgyz Republic in the safeguards measure. 
 
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