G/SG/187  
 
22 June 2018 
(18-3935) Page: 1/2 
Committee on Safeguards  Original: English  
 
IMPOSITION  OF A SAFEGUARD MEASU RE BY THE UNITED STA TES 
ON IMPORTS OF CRYSTALLINE SILIC ON PHOTOVOLTAIC CELL S 
REQUEST FOR CONSULTA TIONS UNDER ARTICLE 12.3 
OF THE AGREEMENT ON SAFEGUARDS  
THAILAND  
The following communication, dated 21 June 2018, is being circulated at the request of the 
Delegation of  Thailand . 
 
_______________  
 
 
On 26 January 2018, the Government of the United States of America ("United States") 
notified the WTO Committee on Safeguards 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 
products).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 
 
Having substantial interest as an exporter in this case, the Kingdom o f Thailand ("Thailand") 
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 United States’ s afeguard measures on crystalline silicon 
photovoltaic cells (whether or not partially or fully assembled into other products).  
 
These measures include:  
(1) The Presidential Proclamation to Facilitate Positive Adjustment to Competition from 
Imports of Certain Crystalline Silicon Photovoltaic Cells, signed on 23 January 20183; 
(2) The affirmative injury determination issued by the U.S. International Trade 
Commission ("USITC") on 22 September 2017,4 which was reported to U.S. President 
Donald Trump in November 2017;  
(3) The supplemental report of the USITC regarding unforeseen developments issued on 
December 27, 2017; and  
(4) 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 Janu ary 2018 (Volume 83, Number 17) . 
4 Public Report, Crystalline Silicon Photovoltaic Cells, Inv. No. T A-201-075, USITC Pub. 4739 
(Nov.  2017) . G/SG/187  
 
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  We believe the measures taken by the United States are not consistent with its obligations 
under the relevant provisions of the GATT 1994 and Safeguards Agreement which include, 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 o f the Safeguards Agreement entitles Thailand, 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 Thailand’s position o n 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, Thail and also is exercising its 
right to trade compensation consultations. However, in the process of these consultations, 
Thailand reserves the right to raise additional issues, make further factual and legal arguments, 
and pursue any other remedies provided f or under the Safeguards Agreement and the 
Understanding on Rules and Procedures Governing the Settlement of Disputes.  
 
Thailand looks forward to a prompt reply of the United States in order to set a mutually 
convenient date and venue for these consultation s. 
 
 
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