WORLD TRADE  
ORGANIZATION  G/SG/N/6/DOM/1 
11 May 2009 
 
 (09-2297) 
Committee on Safeguards Original:   Spanish 
  
 
NOTIFICATION UNDER ARTICLE 12.1(A) OF THE AGREEMENT 
ON SAFEGUARDS ON INITIATION OF AN INVESTIGATION 
PROCEDURE AND THE REASONS FOR IT 
 
DOMINICAN REPUBLIC 
 
(Glass containers, excluding glass containers
 
for the pharmaceutical and cosmetics sector ) 
  
 The following communication, dated 27 April 2009,  is being circulated at the request of the 
delegation of the Dominican Republic.  
_______________ 
 
 
 The Dominican Republic wishes to no tify Resolution CDC-RD-SG-012-2009, of 
15 April 2009, published on page 9D of the Economy and Business section of the Dominican 
Republic newspaper Listín Diario  on 20 April 2009, whereby the Regulatory Commission on Unfair 
Trade Practices and Safeguard Measures of the Domi nican Republic approved the initiation of an 
investigation procedure with a view to the appli cation of a safeguard measure to imports of glass 
containers, excluding glass containers for th e pharmaceutical and cosmetics sector, under 
subheadings 7010.90.10, 7010.90.20, 7010.90.30, 7010.90.40, 7010.90.50 and 7010.90.90 of the 
Dominican Republic's tariff schedule.   This notification, together with its annex es, is made under Article 12.1(a) of the WTO 
Agreement on Safeguards.  To this end the Dominican Republic submits the following: 
 
• Notice of initiation of an investigation procedure with a view to applying a safeguard 
measure, based on the format set out in Article 12.1(a) of the WTO Agreement on 
Safeguards; 
 
• Resolution CDC-RD-SG-012-2009 and annexes thereto. G/SG/N/6/DOM/1 
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  1. Specify the date when the investigation was initiated. 
 The investigation procedure was initiated on 15 April 2009. 
 
2. Specify the product subject to the investigation. 
 Glass containers, carboys, bottles, flasks, jars, pots and other containers, of glass, of a kind 
used for the conveyance or packing of goods;  pr eserving jars of any dimension and storage capacity 
that are used as containers for certain foodstuffs , such as condiments, sauces, preserved fruit or 
vegetables, and honey, cleaning products, beer, soft  drinks, juices, alcoholic beverages and kerosene 
lamps, excluding glass containers for the pharma ceutical and cosmetics sector, classified under 
subheadings 7010.90.10, 7010.90.20, 7010.90.30, 7010.90.40, 7010.90.50 and 7010.90.90 of the 
Dominican Republic's tariff schedule. 
 
3. Provide the reasons for the initiation  of investigation, for example: 
(i) Was the investigation initiated pursuant to a petition from the domestic 
industry? 
 Yes.  On 13 March 2009 the firm Industrias Zanz íbar, S.A., filed with the competent authority 
an application for initiation of a safeguard invest igation concerning imports of bottles, flasks, and 
other glass containers, excluding containers for th e pharmaceutical and cosmetics industry, identified 
under subheadings 7010.90.10, 7010.90.20, 7010.90 .30, 7010.90.40, 7010.90.50 and 7010.90.90 of 
the Dominican Republic's tariff schedule (glass contai ners), and requested the competent authority to 
institute provisional safeguard measures. 
 
(ii) Evidence on the basis of which the investigation was initiated. 
The applicants presented evidence that dur ing the period analysed, from 2006 to 2008, 
imports of glass containers had increased by 89 per cent.  According to the report, sales of glass containers by Industrias Zanzíbar, S.A., have suffe red a cumulative reduction of 24.36 per cent for the 
period analysed and a fall in production of 12.38 pe r cent over the previous year.  This situation, 
coupled with the drastic reduction in sales, resu lted in a significant backlog of inventory and 
under-utilization of installed capacity.  The report also refers to reductions in the payroll of domestic 
producers for 2009, representing a 51 per cent reduction compared to 2008.  
(iii) Evidence, if any, on critical circumstances where delay would cause 
damage which it would be difficult to repair. 
At the current stage of the investigation proce dure, it appears that there are elements enabling 
a preliminary conclusion to be drawn that there is  serious injury to the Dominican Republic's glass 
container industry, and that it might be caused by the unforeseen, sudden and significant surge in 
imports from all sources to the domestic market.  Therefore, in the course of the investigation, it will 
be determined whether there is a need to  apply a provisional safeguard measure.  G/SG/N/6/DOM/1 
 Page 3 
 
 
  DOMINICAN REPUBLIC 
Regulatory Commission on Unfair 
Trade Practices and Safeguard Measures 
Santo Domingo, National District 
 
"Year of the Centenary of the Birth of Juan Bosch" 
 
RESOLUTION CDC-RD-SG-012-2009 
PROVIDING FOR THE INITIATION OF A GENERAL 
SAFEGUARD INVESTIGATION DUE TO THE INCREASE IN 
IMPORTS IN THE GLASS CONTAINER SECTOR 
   The Regulatory Commission on Unfair Trade Practices and Safeguard Measures (the Commission), in exercise of the lega l powers conferred on it by Law No. 1-02 of 
18 January 2002 (the Law), issues the following resolution: 
 
WHEREAS: 
 
1.1 The Agreement Establishing the World Tr ade Organization (WTO) was ratified by the 
Congress of the Dominican Republic on 12 January  1995 and promulgated as Law No. 2-95 on 
20 January 1995; 
 1.2 The WTO Agreement on Safeguards sets out subs tantive and procedural provisions for the 
adoption of safeguard measures;  
1.3 Article 57 of the Law provides that safeguard measures are aimed at temporary regulation of 
imports in order to prevent or repair serious inju ry to an industry and facilitate the provision of 
adjustment to domestic producers, and Article 58 of  the Law sets out the conditions for application 
thereof in the Dominican Republic;  1.4 On 13 March 2009 the firm Industrias Za nzíbar, S.A., filed with the Commission an 
application for initiation of a safeguard investigatio n concerning imports of bottles, flasks, and other 
glass containers, excluding containers for the phar maceutical and cosmetics industry, identified under 
subheadings 7010.90.10, 7010.90.20, 7010.90.30, 7010.90.40, 7010.90.50 and 7010.90.90 of the 
Dominican Republic's tariff schedule (glass containe rs), and requested the Commission to institute 
provisional safeguard measures owing to the critical circumstances alleged to exist; 
 
1.5 According to report DI-CDC/SG/2009-002 subm itted by the Commission's Investigations 
Department, which is annexed to and forms an in tegral part of this resolution, excluding the 
confidential information contained in the report, im ports of glass containers increased by 89 per cent 
during the period analysed, from 2006 to 2008;  
1.6 The report envisages that Industrias Zanzíbar, S. A., is the sole manufacturer of like products 
in the Dominican Republic, and therefore its request meet s the requirement set out in Article 59 of the Law; 
 1.7 On the basis of the informati on available at this stage of the procedure, which is based on the 
file, the Commission believes that there are elements enabling it to draw a preliminary conclusion that 
the imported glass container products are like or dir ectly competitive with those manufactured by the 
domestic industry;  1.8 It has been determined that the imported gl ass containers originate in Belgium;  Brazil;  
Canada;  Chile;  China;  Colombia;  Costa Rica;  Ec uador;  Egypt;  El Salvador;  Ethiopia;  France;  G/SG/N/6/DOM/1 
Page 4  
 
  Guatemala;  Haiti;  Honduras;  Hong Kong, China;  Indi a;  Italy;  Jamaica;  Mexico;  Panama;  Puerto 
Rico;  Spain;  Taipei, Chinese;  Trinidad and Toba go;  the United States of America;  and Venezuela 
(Bolivarian Republic of);  1.9 On the basis of the elements contained in th e report, this significant increase in imports was 
the result of unforeseen developments in the market for the product under inves tigation that have left 
this capital-intensive industry with an oversupply worldwide;  1.10 According to the report, sales of glass containe rs by Industrias Zanzíbar, S.A., have suffered a 
cumulative reduction of 24.36 per cent for the period analysed and a fall in production of 
12.38 per cent over the previous year.  This situa tion, coupled with the drastic reduction in sales, 
resulted in a significant backlog of inventory and under-utilization of installed capacity;  1.11 The report refers to reductions in the payroll of Industrias Zanzíbar, S.A., for 2009, 
representing a 51 per cent reduction compared to 2008; 
 
1.12 According to the report, Industrias Zanz íbar, S.A., alleges that in 2006 it completed 
construction of a second glass smelter in order to si gnificantly increase its capacity, but that at the 
beginning of 2009, owing to the market and economic  conditions which the glass container sector has 
been experiencing, the firm was fo rced to suspend operations for one of its two production furnaces, 
leading to high costs that are not recoverable, and that it would again incur significant costs to restore 
the operation of the smelter; 
 1.13 On the basis of the information contained in  the report, it appears that there are elements 
enabling a preliminary conclusion to be drawn that there is serious injury to domestic production of 
glass containers in the Dominican Republic and that  it might be caused by the unforeseen, sudden and 
significant surge in imports from all sources to the domestic market; 
 1.14 Having demonstrated the existence of the circumstances required by Rule 247 of the Law's 
Implementing Regulations, and after analysing the report, the Commission concludes that there are 
reasons of expediency, merit and advisability which ju stify the initiation of an investigation and the 
possible adoption of a provisional safeguard measure; 
 
HAVING REVIEWED:   The complete file CDC-RD/SG/2009-002; 
 
RESOLVES: 
 ARTICLE 1.   To initiate, at the request of the domestic  industry, the investigation procedure for the 
application of a safeguard measure to all impor ts of glass containers and flasks, excluding glass 
containers for the pharmaceutical and cosmetics in dustry, identified under subheadings 7010.90.10, 
7010.90.20, 7010.90.30, 7010.90.40, 7010.90.50 and 7010.90.90 of the Dominican Republic's tariff schedule.  
ARTICLE 2 .  To require the manufacturers constituting the domestic industry for products that are 
like or directly competitive with imported products to provide additional and supplementary information 
enabling the Commission to reach a definitive conclusion that the products investigated against all 
sources are being imported in such quantities or under such conditions as to cause or threaten to cause 
serious injury.  To this end, the domestic manufact urers will have the opportunity to supplement the 
respective information within a period of thirty (30) days from the date of this publication. 
 ARTICLE 3.   To inform all parties to the procedure and other interested parties that the Commission 
is considering the possibility of putting into eff ect a provisional measure under Article 74 of the Law 
and its Regulations.  G/SG/N/6/DOM/1 
 Page 5 
 
 
   
ARTICLE 4.  To inform the parties of the tentative sche dule of the investigation, i.e. the date of 
initiation of the investigation shall be the date of publication of the notice in a national newspaper;  
the deadline for other interested parties to notify th e Commission of their interest in participating in 
the investigation shall be fifteen (15) days afte r the date of initiation;  the deadline for filing 
arguments concerning the possible application of a sa feguard measure shall be thirty (30) days from 
the date of initiation;  and the deadline for holding the hearing shall be sixty (60) days before the final determination.  The period for completion of the safe guard investigation shall be six (6) months, or a 
maximum of eighteen (18) months when justified.  
ARTICLE 5 .  To inform interested parties, importers, users, and other sectors involved in the 
procedure that they will have a period of thirty (30) days in which to express wh at they deem to be in 
their interest and to provide testimonial and documentary evidence to the Commission. 
 ARTICLE 6 .  To make, on the same date, certified notifications to: 
 
(i) diplomatic missions in the Dominican Republic, and 
(ii) the WTO Committee on Safeguards, through the Ministry of Foreign Affairs. 
ARTICLE 7 .  This Resolution shall be published in a na tional newspaper in acc ordance with the Law 
and its Regulations.  The date of initiation of the i nvestigation procedure shall be the date of such 
publication. 
 
ARTICLE 8.   To establish that any communication made in accordance with the provisions of the 
preceding articles shall include the name, address,  e-mail address and telephone and fax numbers of 
the sender, and be sent to the following address:  
Comisión Reguladora de Prácticas Desleales en el  Comercio y sobre Medidas de Salvaguardias 
(Regulatory Commission on Unfair Trade Practices and Safeguard Measures) Avenida 27 de Febrero No. 209, Edificio Administr ación Tratados Comerciales de la Secretaría de 
Estado de Industria y Comercio Tel.: 809-567-7192 Fax: 809-381-8079 
E-mail: acosta.jacqueline@gmail.com  
(provisional) 
 PARAGRAPH:   Interested parties shall submit to the Commission the forms for importers and 
exporters, as appropriate, and all their declarations , in two (2) written vers ions, one confidential and 
one public, in an original and two (2) copies, and an  electronic version.  The forms are available at 
headquarters and on the Commission's website at:  http://www.seic.gov.do
.  The period for which 
evidence and relevant information concerning the investigation must be submitted shall be from 
2006 to 2008.  Adopted in Santo Domingo, National District, Dominican Republic, on 15 April 2009.  
Maximina Santana de Liriano
 
Chairperson  
Jean Alain Rodríguez  
Commissioner  Hugo Ramírez Risk  
Commissioner  
Iván Ernesto Gatón  
Commissioner  
 G/SG/N/6/DOM/1 
Page 6  
 
  NOTIFICATION UNDER ARTICLE 12.1(A) OF THE AGREEMENT 
ON SAFEGUARDS ON INITIATION OF AN INVESTIGATION 
PROCEDURE AND THE REASONS FOR IT 
 
DOMINICAN REPUBLIC 
 
(Glass containers, excluding glass containers
 
for the pharmaceutical and cosmetics sector ) 
  
 The Regulatory Commission on Unfair Trade Practices and Safeguard Measures of the 
Dominican Republic (the Regulatory Commission) h as received an application for imposition of a 
safeguard measure on imports of glass containers originating in Belgium;  Brazil;  Canada;  
the People's Republic of China;  Costa Rica;  Egypt;  France;  Guatemala;  India;  Italy;  Japan;  
Mexico;  Panama;  Puerto Rico;  Spain;  Taipei, Chinese;  Trinidad and Tobago;  and the United 
States of America, based on Articles 59 and 64 of La w No. 1-02 of the Dominican Republic on Unfair 
Trade Practices and Safeguard Measures (the Law).  The applicant has alleged that the Dominican 
Republic's glass container industry is suffering serious  injury as a direct consequence of a significant 
increase in imports of glass containers from Belgiu m;  Brazil;  Canada;  Chile;  the People's Republic 
of China;  Colombia;  Costa Rica;  Ecuador;  Egyp t;  El Salvador;  France;  Guatemala;  Haiti;  
Honduras;  Hong Kong, China;  India;  Italy;  Jama ica;  Mexico;  Panama;  Puerto Rico;  Spain;  
Taipei, Chinese;  Trinidad and Tobago;  the United States;  and Venezuela (Bolivarian Republic of). 
  The Regulatory Commission has determined that there is prima facie  sufficient evidence to 
justify initiation of a safeguard investigation.  Th e Commission has, therefore, decided to initiate an 
investigation under Article 59 of Law No. 1-02 a nd the WTO Agreement on Safeguards.  A copy of 
the resolution initiating the investigation, published on page 9D of the Economy and Business section 
of the Dominican Republic newspaper Listín Diario  on 20 April 2009, is enclosed. 
  In accordance with Article 59 of Law No. 1-02 and Article 12.1 of the Agreement on Safeguards, the Government of the Dominican Republic is required to notify the initiation of 
investigation to the WTO Committee on Safegua rds.  The WTO Committee on Safeguards is, 
therefore, requested to kindly notify the initiation of the investigation to the Members concerned.  G/SG/N/6/DOM/1 
 Page 7 
 
 
  NOTICE OF INITIATION OF A SAFEGUARD INVESTIGATION DUE TO A 
SUBSTANTIAL INCREASE IN IMPORTS OF GLASS CONTAINERS 
 
 
Investigating authority : Regulatory Commission on Unfair Trade Practices and Safeguard 
Measures (the Regulatory Commission). 
Resolution No. : CDC-RD-SG-012-2009 
Applicant : The application has been submitted by Industrias Zanzíbar, S.A. 
Product under investigation : The "product under investigation" comprises carboys, bottles, 
flasks, jars, pots and other containers, of glass, of a kind used for 
the conveyance or packing of goods;  preserving jars of any 
dimension and storage capacity that are used as containers for certain foodstuffs, such as condiments, sauces, preserved fruit or vegetables, and honey, cleaning pro ducts, beer, soft drinks, juices, 
alcoholic beverages and kerosene lamps, excluding glass 
containers for the pharmaceutical and cosmetics sector;  all of 
these products are classified under subheadings 7010.90.10, 7010.90.20, 7010.90.30, 7010.90.40, 7010.90.50 and 7010.90.90 of the Dominican Republic's tariff schedule and imported from any country of origin. 
Domestic like or directly 
competitive products : The domestic like or directly competitive products are carboys, 
bottles, flasks, jars, pots and othe r containers, of glass, of a kind 
used for the conveyance or packing of goods;  preserving jars of any dimension and storage capacity that are used as containers for 
certain foodstuffs, such as condiments, sauces, preserved fruit or 
vegetables, and honey, cleaning pro ducts, beer, soft drinks, juices, 
alcoholic beverages and kerosene lamps, excluding glass containers for the pharmaceutical and cosmetics sector, that are manufactured in the Dominican Republic. 
Sources of imports
: All countries, including:  Belgium;   Brazil;  Canada;  the People's 
Republic of China;  Costa Rica;  Egypt;  France;  Guatemala; India;  Italy;  Japan;  Mexico;  Panama;  Puerto Rico;  Spain; Taipei, Chinese;  Trinidad and Tobago;  and the United States of America. 
 
Application
:  The application was submitted in the Dominican Republic on 13 March 2009 by the 
firm Industrias Zanzíbar, S.A.  On the basis of th e information available in the initial stage of the 
investigation, this firm is the only domestic manufacturer of products like or directly competitive with 
the products under investigation;  accordingly, pu rsuant to Article 59 of Law No. 1-02 of the 
Dominican Republic, Industrias Zanzíbar, S.A., constitut es the domestic glass container industry.  It is 
alleged in the aforesaid application that there has been a significant increase in imports of the product 
under investigation to the Dominican Republic that h as caused or threatens to cause serious injury to 
the domestic industry producing like or directly  competitive products.  The applicant has provided 
information to substantiate that the domestic indus try has seen a significant decline in sales in the 
domestic market, loss of market share, low capacity  utilization, increased inventory levels, reduced 
profits, negative effects on production and a significant decrease in employment. G/SG/N/6/DOM/1 
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  Initiation of the investigation
 
  The Regulatory Commission hereby initiates this investigation at the request of the party under Articles 59 and 63 of Law No. 1-02 of th e Dominican Republic.  The investigation will 
determine, pursuant to Article 66 of Law No. 1-02,  whether imports of the product under investigation 
have increased in such quantities,  absolute or relative to domest ic production, and under such 
conditions as to cause serious injury or threat of injury to the domestic industry.  The Regulatory 
Commission will consider the advisability of a pplying a provisional measure if it determines on a 
preliminary basis that there are criti cal circumstances which so warrant. 
 
Schedule of procedures for safeguard inves tigations regarding file CDC-RD/SG/2009-002
 
in respect of the glass container sector, excluding glass containers  
for the pharmaceutical and cosmetics sector  
 
PROCEDURE SCHEDULE 
1. Date of initiation of the investigation Date of publication of the notice of initiation in a 
national newspaper 
2. Deadline for other interested parties to notify 
the Regulatory Commission of their interest 
in participating in the investigation Within fifteen (15) days following the date of 
publication of the notice of initiation of the 
investigation 
3. Deadline for presenting arguments regarding 
the possible application of a safeguard measure Within thirty (30) days following the date of 
initiation 
4. Deadline for holding the hearing No later than sixty (60) days before the final 
determination 
5. Period for completion of the investigation A period of six (6) months or a maximum of 
eighteen (18) months, when justified, following 
the date of initiation 
 
Interested parties :  As set out in Article 249 of the Regulations implementing Law No. 1-02, 
interested parties will have a period of fifteen (15)  days from the date of publication to indicate in 
writing their interest in participating in the i nvestigation to the Regulatory Commission on Unfair 
Trade Practices and Safeguard Measures, at the following address:  Avenida 27 de Febrero # 209, 
Ens.  Naco, Santo Domingo, D.N., Dominican Republic, tel.:  809-567-7192, ext. 1015 or 1065, fax:  809-381-8079 (provisional).  Interested par ties applying to register with the Regulatory 
Commission for this investigation must provide the name, address, telephone number, and fax number 
of the firm, the type of business in which it engages,  and the name of the person authorized to act on 
behalf of the firm in the investigation in question.   Interested parties must submit to the Regulatory 
Commission the forms for importers and exporters, as appropriate, and all their declarations, in two 
written versions, one confidential a nd one public, in an original and two copies, and an electronic 
version.  The forms are available at the following Internet address: http://www.seic.gov.do
 
(provisional).  Written arguments
.  Interested parties may submit writte n arguments concerning any matter they 
consider relevant to the preliminary phase of investig ation no later than thirty (30) days from the date 
of notification. 
 If no request for a hearing is received by the Co mmission, any interested party may submit written 
arguments concerning any matter it considers relevant to  the investigation no later than sixty (60) days 
before the date proposed for final determination. 
  G/SG/N/6/DOM/1 
 Page 9 
 
 
  If a hearing is held, interested parties may subm it written arguments and info rmation no later than 
ten (10) days before the scheduled date of heari ng.  The scheduled date of any hearing shall be 
communicated to the interested parties.  All evidence and written documents regarding this in vestigation must be submitted to the Regulatory 
Commission at the above address, in two written ve rsions, one confidential and one public, in an 
original and two copies, and an electronic version.  Reliance on information available
:  Where any interested party refuses access to or otherwise fails to 
provide the required information within the time limit prescribed or significantly impedes the 
investigation, determination by the Commission may be made on the basis of the information 
available.  Public file
:  In accordance with Article 179 of the Implementing Regulations, the Regulatory 
Commission has established and maintains a public file at the offices of the Commission.  This file 
will be available to the interested parties fro m Monday to Friday between 8 a.m. and 5 p.m. 
throughout the investigation.  Further information
:  For further information on this investigation, please contact: 
 Ms Maximina Santana de Liriano, Chairperson of  the Commission, tel.:  809-567-7192, ext. 1015, 
or fax:  809-381-8079. 
 
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