. /.   WORLD TRADE  
ORGANIZATION  G/SG/Q1/THA/1 
29 September 2009 
 (09-4567) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 12.6 OF THE AGREEMENT 
 
Questions from the UNITED STATES Regarding
  
the Notification of THAILAND1 
 
  The following communication, dated 28 September 2009, is being circulated at the request of the Delegation of the United States.    
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  The United States thanks Thailand for its notif ication and poses the following questions with 
regard to Thailand's Safeguard Measures on Increased Imports Act B.E. 2550 (2007)  [hereinafter 
Safeguards Act ].   
 
Question 1 
 
 Is the WTO Agreement on Safeguards (the Agreement on Safeguards) self implementing 
under Thai law?  Assuming that the Agreement is  self-implementing, in the event of a conflict 
between the Agreement and the Safeguards Act , which legal authority takes precedence?   
 
Question 2 
 
 The definition of "interested parties" appear s to allow overseas trade associations to be 
interested parties only if their "majority members are the producers, exporters, or importers of the 
increased import products...".  This definition seems to  exclude the designation of a trade association 
as an interested party when less than a majority  of members of the association are producers, 
exporters or importers of the subj ect imports.  Please explain what is meant by "majority members", 
how Thailand would determine whether the majority test is met, a nd how this definition is consistent 
with Article 3.1 of the Agreement on Safeguard s, which contains no such limitation.   
 
Question 3 
 
 Regarding Chapter 1, The Committee, Section 5  of the Safeguards Act , are appointees to the 
Committee subject to non-disclosure and confid entiality rules?  Must Committee members be 
government officials or may non-government pe rsons be appointed to the Committee?   
 
Question 4 
 
 With regard to Chapter 1, The Committee, Section 6  of the Safeguards Act , does the 
Committee in its advisory role have the authority to adjust, overturn or remand decisions by the 
                                                     
 
1 G/SG/N/1/THA/3.   G/SG/Q1/THA/1 
Page 2  
 
  Department of Foreign Trade, especially with respect  to the initiation of a safeguard investigation and 
the imposition of a measure?    
Question 5 
  With regard to Chapter 2, Part 1, Section 14  of the Safeguards Act , please clarify whether 
this section relates to an investigation that is sel f-initiated by the Department of Foreign Trade.   
 
Question 6 
  Regarding Chapter 2, Part 1, Section 15  of the Safeguards Act , in the event of possible 
conflict between the Department of Foreign Trad e and the Committee, which decision-making body 
would prevail and what is the process for th ese deliberative discussions concerning safeguard 
determinations?   
 
Question 7  
 With regard to Chapter 2, Part 2, Section 16  of the Safeguards Act , when does Thailand 
anticipate notifying to this Committee its ministeria l regulations, as referenced in this section and 
throughout this notification?   
 
Question 8  
 Regarding Chapter 2, Part 3, Section 18  and Chapter 6 Section 40  of the Safeguards Act , 
please provide the name of the official journal in which safeguard notificati ons will be published.  If 
this journal is available on the internet, please provide the website address.    Question 9 
 
 Regarding Chapter 2, Part 3, Section 19  and Chapter 2, Part 4, Section 22  of the Safeguards 
Act, please confirm that any comments provided by inter ested parties will also be made available to 
other interested parties through the public record of the investigation, in the form of adequately 
detailed, non-confidential summaries, to allow all parties the opportunity to fully defend their 
interests.  
 
Question 10 
  Regarding Chapter 2, Part 5, Section 24  of the Safeguards Act , in the case of a final decision 
by the Committee to terminate the provisional saf eguard measure, please specify the relevant 
regulations and procedures for the ref und of provisional tariffs collected.   
 
Question 11 
  Regarding Chapter 3, Section 26  of the Safeguards Act , please confirm that prior to 
imposition of final safeguard measures, the Thai au thorities shall provide ad equate opportunity for 
prior consultations with WTO Members having a s ubstantial interest as exporters of the product 
concerned, as stated in Article 12. 3 of the Agreement on Safeguards.   
 
 
 
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