WORLD TRADE  
ORGANIZATION  G/SG/N/7/DOM/1 
G/SG/N/8/DOM/1 
G/SG/N/11/DOM/1 
6 April 2010 
 (10-1787) 
Committee on Safeguards Original:   Spanish 
  
 
NOTIFICATION UNDER ARTICLE 12.4 OF THE AGREEMENT ON 
SAFEGUARDS BEFORE TAKING A PROVISIONAL SAFEGUARD 
MEASURE REFERRED TO IN ARTICLE 6 
 
NOTIFICATION UNDER ARTICLE 12. 1(b) OF THE AGREEMENT ON 
SAFEGUARDS ON FINDING SE RIOUS INJURY OR THREAT 
THEREOF CAUSED BY INCREASED IMPORTS 
 
NOTIFICATION PURSUANT TO ARTICLE 9, FOOTNOTE 2, 
OF THE AGREEMENT ON SAFEGUARDS 
 
DOMINICAN REPUBLIC 
 
(Tubular fabric and polypropylene bags
) 
  
 The following communication, dated 26 March 2010, is being circulated at the request of the 
delegation of the Dominican Republic.
1 
 
_______________ 
  
 The Permanent Mission of the Dominican Repub lic to the World Trade Organization (WTO) 
and other international economic  organizations at Geneva presents its compliments to 
Mr Johannes Human, Director of the Rules Division of the World Trade Organization, and hereby notifies annexed Resolution CDC-RD-SG-061-2010 of  16 March 2010, published in the newspaper 
Hoy of the Dominican Republic on 25 March 2010, whereby the Regulatory Commission on Unfair 
Trade Practices and Safeguard Measures of the Domi nican Republic decided to impose a provisional 
safeguard measure on the imports of tubular fabr ic and polypropylene bags subject to this 
investigation, which are classified under s ubheadings 5407.20.20 and 6305.33.90 of the 
Fourth Amendment to the Dominican Republic's Tariff.  
 This notification, together with the anne xes thereto, is made under Article 6 of the 
WTO Agreement on Safeguards, and under Articles 9. 1 and 12.1(b) and (c) of the Agreement on 
Safeguards, respectively.  The Dominican Repub lic accordingly submits the following attached 
documents:  
• Notification of the adoption of a provisiona l safeguard measure under Article 6 of the 
Agreement on Safeguards. 
                                                     
 
1 A copy of Resolution CDC-RD-SG-061-2010 (in Spanish only) has been submitted electronically.  In 
order to view this document, please contact Ms Budd (hilary.budd@wto.org) or Ms Naville 
(delphine.naville@wto.org) from the Rules Division. G/SG/N/7/DOM/1 
G/SG/N/8/DOM/1 G/SG/N/11/DOM/1 
Page 2 
  
  • Notification upon making a finding of serious injury caused by increased imports;  
Notification upon taking a decision to apply or extend a safeguard measure under Article 12.l(b) and (c) of the Agreement on Safeguards. 
• Notification of non-application of a safe guard measure to developing countries 
pursuant to Article 9.1 of the Agreement on Safeguards. 
• Resolution CDC-RD-SG-061-2010 of 16 March 2010. 
 
  G/SG/N/7/DOM/1 
 G/SG/N/8/DOM/1 
 G/SG/N/11/DOM/1 
 Page 3 
  
  NOTIFICATION UNDER ARTICLE 12.4 OF THE AGREEMENT ON 
SAFEGUARDS BEFORE TAKING A PROVISIONAL SAFEGUARD 
MEASURE REFERRED TO IN ARTICLE 6 
 
 
1. Provide the precise description of the product involved.  Provide the Harmonized 
System numbers under which the product enters at least at a 6-digit HS level. 
  Tubular fabric and polypropylene bags  entering under subheadings 5407.20.20 and 
6305.33.90.  
2. Specify the proposed provisional safeguard measure. 
  The provisional safeguard measure proposed is a 38 per cent ad valorem  tariff. 
 
3. Specify the proposed date of introduction of the provisional safeguard measure. 
 
 The proposed date of introduction of the provisional measure is 1 April 2010.   
 4. Specify the expected duration of the provisional safeguard measure, if any decision on 
the duration of the measure has been made. 
 
 The expected duration of the provisional m easure will be two hundred (200) days counted 
from 1 April 2010.  The measure will come  to an end on 17 October 2010.   
 
5. Provide the basis for: 
 
 (i) Making a preliminary determination, as provided for in Article 6, that increased 
imports have caused or are threate ning to cause serious injury;  and 
  As a result of the increase in the value and volume of im ports, the domestic industry has 
suffered a significant loss of share in apparent dom estic consumption.  Impor ts relative to domestic 
production have been on a sustained upward tre nd throughout the period of investigation.   
  This situation has caused injury to the do mestic industry, which has recorded significant 
financial losses over the period of investigation that  jeopardize the sustainability of this important 
branch of domestic production.    
 (ii) Determining that there are critical circumstances where delay would cause 
damage which it would be difficult to repair.  
  The critical circumstances faced by the domestic industry are a 206 per cent decline in 
financial performance.  Inventory in terms of va lue and volume increased by 199 per cent and 169 per 
cent, respectively.  There was also a sharp contr action in production levels, preventing the firm in 
question from implementing its extension plans.    G/SG/N/7/DOM/1 
G/SG/N/8/DOM/1 G/SG/N/11/DOM/1 
Page 4 
  
  6. Members are encouraged to provide the following information: 
 
 (i) The major exporting Members of  imports of the product involved. 
 
 Imports of the product at issue are chiefly from Costa Rica, China and Honduras, with a percentage share during the period of investiga tion of 30, 16 and 11 per cent, respectively. 
 
 (ii) If there are any exporting Members to which the measure does not apply for any 
reason other than the application of Arti cle 9.1, the names of such exporting 
Members and reasons for non-application of the measure. 
 
 Not applicable.  The exporting Members to wh ich the measure will not apply will be exempt 
only under Article 9.1.  The Members in question will be Mexico, Panama, Colombia and Indonesia, 
which collectively account for 1.21 per cen t of the imports under investigation. 
 
_______________ 
  G/SG/N/7/DOM/1 
 G/SG/N/8/DOM/1 
 G/SG/N/11/DOM/1 
 Page 5 
  
  NOTIFICATION UNDER ARTICLE 12. 1(b) OF THE AGREEMENT ON 
SAFEGUARDS ON FINDING SE RIOUS INJURY OR THREAT 
THEREOF CAUSED BY INCREASED IMPORTS 
 
  Notification to the Committee on Safeguards upon making a finding of serious injury caused by increased imports;  Notification upon taking a d ecision to apply or extend a safeguard measure. 
 1. Provide evidence, citing relevant data and the applicable period of investigation of 
serious injury or threat thereof caused by increased imports. 
 
 As a result of the increase in the value and volume of im ports, the domestic industry has 
suffered a significant loss of share in apparent dom estic consumption.  Impor ts relative to domestic 
production have been on a sustained upward tr end throughout the period of investigation. 
  This situation has caused injury to the do mestic industry, which has recorded significant 
financial losses over the period of investigation that  jeopardize the sustainability of this important 
branch of domestic production.  2. Provide information on whether there is an  absolute increase in imports or an increase 
in imports relative to domestic production (please see also Article 2.1 for the context). 
 
 An analysis has been made of the increase in imports to the Dominican Republic of the 
products at issue, in both absolute and relative terms, over the period 2006-2009. 
 
 As shown in the Table below, the absolute variation in the volume of imports of polypropylene bags in 2007 was 1,160,748.39 kg . over 2006, import volume remaining relatively 
stable in 2007/2008 in relation to the previous y ear with an increase of 288,747.63 kg., and recording 
an absolute decrease in 2009 of 493,096.13 kg. over 2008.  During the period 2006 2009, import volume showed an absolute variation of 956,399.89 kg. of bags and tubular fabric. 
 
Absolute increase in imports of polypropylene bags and 
tubular fabric 
 
Volume (kg.) Absolute variation 
2006 2007 2008 2009 2007/2006 2008/2007 2009/2008 2009/2006 
1,910,419.22 3,071,167.61 3,359, 915.24 2,866,819.11 1,160,748.3 9 288,747.63 -493,096.13 956,399.89 
 
 The relative increase in imports of polypropyl ene bags and tubular fabric has fluctuated, 
reaching 60.76 per cent in 2006/2007, standing at 9.40  per cent in 2007/2008, with, in 2009, a decline 
of 14.68 per cent over 2008.  During the period of investigation as a whole, imports increased by 
50.06 per cent. 
 
Relative increase in imports of polypropylene bags and 
tubular fabric 
 
Volume (kg.) Relative variation 
2006 2007 2008 2009 2007/2006 2008/2007 2009/2008 2009/2006 
1,910,419.22 3,071,167.61 3, 359,915.24 2,866,819.11 60.76%  9.40% -14.68% 50.06% G/SG/N/7/DOM/1 
G/SG/N/8/DOM/1 G/SG/N/11/DOM/1 
Page 6 
  
  3. Provide the precise description of the product involved. 
 
 Tubular fabric and polypropylene bags  entering under subheadings 5407.20.20 
and 6305.33.90 of the Harmonized Commodity Description and Coding System, Spanish version, 
including its alignment with the Fourth Edition.  
4. If the final measure replaces a provisional me asure, or if a final measure is extended, a 
Member is encouraged to provide a written description of any part of the imported 
product that will no longer be subject to  the measure and the Harmonized System 
numbers under which it enters at least at a 6-digit level, and at a sub-national level 
(e.g. 8-digit, 9-digit or 10-digit level) if practicable.
1 
 
 Not applicable. 
 
5. Provide precise description of the proposed measure.  
 
 The provisional safeguard measure proposed is a 38 per cent ad valorem  tariff. 
 
6. Provide proposed date of introduction of the measure. 
 
 The proposed date of introduction of th e provisional measure is 1 April 2010. 
 
7. Provide expected duration of the measure. 
  The expected duration of the provisional m easure will be two hundred (200) days counted 
from 1 April 2010.  The measure will come  to an end on 17 October 2010.   
 
8. For a measure with a duration of more than three years, provide the proposed date for 
the review (under Article 7.4) to be held not later than the mid-term of the measure, if 
such a date for the review ha s already been scheduled.  
 
 Not applicable.  
9. If the expected duration is over one year , provide expected timetable for progressive 
liberalization of the measure. 
 
 Not applicable.  
10. If the notification relates only to a finding  of serious injury or threat thereof, and does 
not relate to a decision to appl y or extend a safeguard measure: 
 
(i) Provide the deadlines for interested part ies to comment or any other procedures 
relevant to the decision to apply the measures;  and 
 Not applicable. 
 
                                                     
 
1 The HS codes will be provided for reference purposes only.  G/SG/N/7/DOM/1 
 G/SG/N/8/DOM/1 
 G/SG/N/11/DOM/1 
 Page 7 
  
  (ii) Provide information regarding proce dures for prior consultation with those 
Members having a substantial interest as exporters of the product concerned. 
 Not applicable. 
 
11. If the measure is being extended, also provide: 
 Not applicable. 
 
 (i) Evidence that the industry concerne d is adjusting and that the safeguard 
measure continues to be necessary to  prevent or remedy serious injury; 
 
 Not applicable.  
 (ii) reference to the WTO document that notified the initial application of the 
measure; 
 
 Not applicable.  
 (iii) duration of the measure from initial a pplication till the date at which it will be 
extended;  and 
 
 Not applicable.  
 (iv) precise description of the measure in pl ace prior to the date of extension (in this 
context, please note that the last sentence of Article 7.4 states that:  "A measure 
extended under paragraph 2 shall not be more restrictive than it was at the end 
of the initial period, and should continue to be liberalized."). 
 
 Not applicable.  
12. If the notification relates to a decision to  apply or extend a safeguard measure, Members 
are encouraged to provide the following information: 
 
 (i) The major exporting Members of  imports of the product involved. 
 
 Imports of the product at issue are chiefly from Costa Rica, China and Honduras, with a 
percentage share during the period of investiga tion of 30, 16 and 11 per cent, respectively. 
 
 (ii) If there are any exporting Members to which the measure does not apply for any 
reason other than the application of Arti cle 9.1, the names of such exporting 
Members and reasons for non-application of the measure. 
  Not applicable.  The exporting Members to wh ich the measure will not apply will be exempt 
only under Article 9.1.  The Members in question will be Mexico, Panama, Colombia and Indonesia, 
which collectively account for 1.21 per cen t of the imports under investigation. 
 
_______________ 
 G/SG/N/7/DOM/1 
G/SG/N/8/DOM/1 G/SG/N/11/DOM/1 
Page 8 
  
  NOTIFICATION PURSUANT TO ARTICLE 9, FOOTNOTE 2, 
OF THE AGREEMENT ON SAFEGUARDS 
  
 Pursuant to Article 9.1, footnote 2, of th e Agreement on Safeguards, the Dominican Republic 
notifies the Committee on Safeguards that it will not apply a provisional safeguard measure on imports of tubular fabric and polypropylene ba gs from developing countries, in accordance with 
Article 9.1 of the Agreement on Safeguards. 
 
1. Specify the measure. 
 
 Provisional safeguard measure consisting of a 38 per cent ad valorem  tariff applied for a 
period of two hundred (200) days on imports into  the Dominican Republic of tubular fabric and 
polypropylene bags of all origins (entering under tariff subheadings 5407.20.20 and 6305.33.90 of the 
Fourth Amendment to the Dominican Republic's Tariff).  
2. Specify the product subject to the measure. 
 
 The imported products under investigation are bags of polypropylene strip or the like and 
tubular fabric of synthetic filament yarn, obtaine d from strip or the like, entering the country under 
tariff subheadings 5407.20.20 and 6305.33.90.  
3. Specify the developing countries to which th e measure is not applied under Article 9.1 of 
the Agreement on Safeguards, and the import  shares of these countries individually and 
collectively. 
 
Country of origin Share 
Indonesia 0.75% 
Panama 0.37% 
Mexico 0.08% 
Colombia 0.01% 
TOTAL SHARE 1.21% 
 
__________