WORLD TRADE  
ORGANIZATION  G/SG/N/7/TUR/8 
G/SG/N/11/TUR/14 
G/SG/N/14/TUR/5 15 April 2011 
 
(11-1960) 
Committee on Safeguard Measures Original:   English 
   
NOTIFICATION UNDER ARTICLE 12.4 OF THE AGREEMENT 
ON SAFEGUARDS BEFORE TAKING A PROVISIONAL 
SAFEGUARD MEASURE REFERRED TO IN ARTICLE 6 
 
NOTIFICATION PURSUANT TO ARTICLE 9, FOOTNOTE 2 
OF THE AGREEMENT ON SAFEGUARDS  
 
NOTIFICATION UNDER ARTICLE 12.1(A) OF THE AGREEMENT  
ON SAFEGUARDS ON INITIATION OF AN INVESTIGATION  
(EXTENSION OF THE EXISTING MEASURE) AND THE REASONS FOR IT 
 
 
TURKEY 
 
(Spectacle Frames
) 
 
The following communication, dated 24 March 2011, is being circulated at the request of the 
Delegation of Turkey.    
_______________ 
 
 
We enclose a notification pursuant to Article 12.1(a) of the Agreement on Safeguards, on 
initiation of a safeguard investigation to review th e safeguard measure that is being applied against 
imports of spectacle frames; a notification pursuant  to Article 12.4 of the Agreement on Safeguards, 
before taking a provisional safeguard measure agains t imports of spectacle frames; and a notification 
pursuant to Article 9, footnote 2 of the Agreement on Safeguards, on taking a decision not to apply 
the measure to products originating in developing countries.  The initial application of the existing 
safeguard measure was notified with the document  G/SG/N/10/TUR/8, dated 5 February 2008. 
 
A. 
NOTIFICATION UNDER ARTICLE 12.1( A) OF THE AGREEMENT ON SAFEGUARDS ON INITIATION 
OF AN INVESTIGATION (EXTENSION OF THE EXISTING MEASURE ) AND THE REASONS FOR IT   
1. The date when the investigation was initiated 
The investigation was initiated on 28 Febr uary 2011.  The related Communiqué was 
published in the Official Gazette 5 March 2011. 
2. The product subject to the investigation 
The product under investigation is frames and mountings for spectacles (excluding parts) 
hereinafter referred to as "the product concerned". 
The product concerned is currently classi fied under the cod es 9003.11.00.00.00 and 
9003.19.00.00.00 within the Turkish Customs Tariff Schedule. G/SG/N/7/TUR/8 
G/SG/N/11/TUR/14 G/SG/N/14/TUR/5 
Page 2 
  
  3. The reasons for the initiation of investigation 
The investigation was initiated upon an evalua tion of a safeguard petition from the domestic 
industry and on the basis of the evidence and the information contained therein. 
The information currently available indicates th at imports of the product concerned dropped 
by 46 per cent in 2009, and then increased by 51 pe r cent in 2010.  While the ratio of imports to 
domestic production decreased after the safeguard m easure has been initiated in 2008, it has remained 
at the level between 80-90 per cent  in the last two years.  
Imports Unit 2008 2009 2010 
Absolute quantity Piece 3,54 7,353 1,930,277 2,908,355 
Relative to Domestic 
Production % 188 86 82 
 
The information currently available also show s that certain economic indicators relating to 
domestic industry, such as domestic sales, produc tion and capacity utilizati on have improved during 
the period of application of the safeguard measure. 
4. Further information 
Those who fill out and send "Application Form fo r the Interested Party" to the competent 
authority within the period of 20 days after the promulgation of the related Communiqué are accepted 
as interested parties in the investigation. 
The competent authority shall provide with a username and a password to each interested 
party.  The username of the interested party sha ll be the e-mail address specified in the "Application 
Form for the Interested Party".  Logging in with th e username and password, the interested parties are 
required to fill out "Online Questionnaire fo r the Interested Party", available at 
http://www.dtm.gov.tr/dtmithgozetim/index.cfm, within the period of 30 days after the promulgation of the related Communiqué.  Interested parties ma y ask for the technical assistance of the competent 
authority during filling out "Online Questionnaire for the Interested Party". 
Interested parties may state, in the "Applicati on Form for the Interested Party", their request 
to be heard by the competent authority. 
"Application Form for the Interested Party" and "Online Questionnaire for the Interested 
Party" are available in the web address below.  Also, the date and venue of the hearing and other 
announcements regarding the investigation will be accessible on the same address. 
http://www.dtm.gov.tr/dtmweb/index.cfm?acti on=detay&yayinID=47&icerikID=132&dil=TR
 
 The address of the competent authority for correspondence is:  
 Undersecretariat for Foreign Trade 
 Directorate General for Imports, Department of Safeguards 
 Tel:  +90 312 222 65 00 / +90 312 204 77 03 / +90 312 204 75 31 
 Fax:  +90 312 212 87 65 / +90 312 212 87 11  Web page: http://www.dtm.gov.tr
;  E-mail: korunma@dtm.gov.tr   G/SG/N/7/TUR/8 
 G/SG/N/11/TUR/14 
 G/SG/N/14/TUR/5 
 Page 3 
  
   
B. 
NOTIFICATION UNDER ARTICLE 12.4  BEFORE TAKING A PROVISI ONAL SAFEGUARD MEASURE  
1. The product subject to the proposed provisional safeguard measure 
The product subject to the proposed provisional safeguard measure is frames and mountings 
for spectacles (excluding parts). The product co ncerned is currently classified under the codes 
9003.11.00.00.00 and 9003.19.00.00.00) within the Turkish Customs Tariff Schedule. 
2. The proposed provisional safeguard measure 
It is proposed to impose provisional safeguard measure in the form of additional duty of 
US$2.55 per piece for a period of maximum 200 days. 
3. Entry into force of the proposed  provisional safeguard measure 
The provisional safeguard measure is proposed to enter into force, with the publication of the 
approval of the Council of Ministers in the Official Gazette. 
4. The expected duration of the provisional safeguard measure 
The decision whether or not to extend the exis ting safeguard measure will be made at the end 
of the investigation. Therefore, the provisiona l safeguard measure shall be applied during the 
investigation period. In any case, the provisional saf eguard measure shall last for 200 days at the 
most.  
5. The basis for: 
(i) Making a preliminary determination, as provided for in Article 6, that increased 
imports have caused or are th reatening to cause serious injury 
The evidence relating to the serious injury suffered by the domestic industry as a result of the 
increase in imports of the product concerned had be en notified with the document G/SG/N/10/TUR/8, 
dated 5 February 2008.  Accordingly, a safeguard measure against imports of spectacle frames for a 
period of 3 years was put into force on 5 March 2008. Information on the changes in the level of 
imports and certain economic indicators of the domestic  industry that were recorded during the period 
the safeguard measure has been applied is provided below.  
CHANGE IN IMPORTS 
 
Unit 2008 2009 2010 
Imports 
Piece 3,547,353 1,930,277 2,908,355 
 
Imports of the product concerned dropped by 46 per cent in 2009, and then increased by 
51 per cent in 2010. G/SG/N/7/TUR/8 
G/SG/N/11/TUR/14 G/SG/N/14/TUR/5 
Page 4 
  
  Unit 2008 2009 2010(1-6) 
Imports/Production 
% 188 86 82 
 
While the ratio of imports to domestic productio n decreased after the safeguard measure has 
been initiated in 2008, it has remained at the le vel between 80-90 per cent in the last two years. 
Market share (%) 2008 2009 2010 (e)* 
Market share of import 65.6 48.4 47.5 
 * Calculated by using domestic sales estimations in 2010.  
 
The market share of imports of the product s ubject to measure decreased after the measure 
was initiated in 2008, but the decline in the market share stopped after 2009. 
Based on import figures summarized above, im port data of 2008 and 2009 reflect the 
influence of safeguard measure. However, quantit y of imported products c oncerned increased sharply 
in 2010 in a market environment share of imported products remained stable. 
ECONOMIC INDICATORS OF THE DOMESTIC INDUSTRY 
 
A preliminary analysis to assess the impacts of  the existing safeguards on the situation of the 
domestic industry was carried out. In this analysis , data submitted by 11 domestic producers, that 
constitute major proportion of dom estic production, were utilized.  
(i) Consumption 
Consumption 2008 2009 2010(e)* 
Piece 5,411,088 3,990,139 6,124,495 
  *  Calculated by using domestic sales estimations in 2010.  
Consumption of the product concerned decr eased 26 per cent in 2009. However, domestic 
consumption is estimated to increase 53 per cent in 2010.  
(ii) Production 
Production 2008 2009 2010(1-6) 
Piece 971,403 1,431,429 1,095,127 
 
 Quantity of production by 11 domestic producers has increased and reached over 
1 million pieces in the first half of 2010.  G/SG/N/7/TUR/8 
 G/SG/N/11/TUR/14 
 G/SG/N/14/TUR/5 
 Page 5 
  
  (iii) Capacity and Capacity Utilization Rate (CUR) 
  2008 2009 2010 
Capacity (Piece)  3,486,109 4,323,509 4,441,109 
Capacity Utilization 
Rate  (%) 28 33 49 
 
The yearly production capacity of 11 domestic pr oducers has continued to rise in the period 
after the safeguard measure by reaching 4.4 milli on units. Despite a continuous increase in capacity 
utilization rate, domestic producers used  half of their capacity in 2010. 
  
(iv) Domestic Sales 
Domestic sales 2008 2009 2010(1-6) 
Pieces 957,571 1,315,905 991,278 
 
 Domestic sales of the producers increased afte r the initiation of safeguard measure in 2008.  
 
(v) End of Period Inventories 
Inventories 2008 2009 2010(1-6) 
Pieces 75,464 120,758 168,556 
 
 Inventories of 11 domestic produ cers increased between 2008 and 2010. 
(vi) Employment 
Employment 2008 2009 2010 
Persons 386 546 630 
 
Number of direct workers in 11 domestic producers increased in the period in which the 
measure applied. 
(vii) Productivity 
Productivity 2008 2009 2010(1-6) 
Piece/Person 2,517 2,622 3,477 
 
Labour productivity of domestic producers tends to increase in 2010. 
(viii) Profits 
Profitability 2008 2009 2010(1-6) 
% 12 13 11 
 
While profitability of domestic producers increa sed from 12 per cent  in 2008 to 13 per cent 
in 2009, it went down in the first half of 2010. G/SG/N/7/TUR/8 
G/SG/N/11/TUR/14 G/SG/N/14/TUR/5 
Page 6 
  
  CONCLUSION 
 
It was determined, in the preliminary analys is, that imports of the product concerned 
decreased notably in 2008 and 2009 after the safeg uard measure was initiate d. Hence, the measure 
could be regarded to be effective in safeguardi ng the domestic producers of the product concerned in 
the first instance. However, the imports increased sharply in 2010 by 51 per cent. 
 Besides, there have been positive developmen ts in certain economic indicators of the 
domestic industry, particularly, pr oduction, domestic sales, capacity utilization rate and employment 
during the application period of the safeguard measure.  
Therefore it could be concluded that the app lied safeguard measure has enabled the domestic 
producers to overcome the injurious effects arising from  imports particularly in the first two years of 
application. 
(ii) Determining the existence of critical circumstances where delay would cause damage 
which it would be difficult to repair 
The safeguard measure that is currently be ing applied against imports of the product 
concerned entered into force on 5 March 2008  and came to an end on 4 March 2011.  
It was determined that imports of th e product concerned decreased in 2008 and 2009. 
Domestic products increased market share in 2008 and 2009. Moreover, preliminary figures reveal 
that certain figures relating to domestic industry show positive trend during the period the safeguard 
measure has been implemented.  
However imports suddenly increased by 51 per ce nt in 2010. In terms of market shares, 
balance between imported products and domestic products in the ma rket has not changed in 2010 
significantly. Imported products continued to serve almost half of the spect acle frames market in 
Turkey within the years of 2009 and 2010 during whic h the safeguard measure was in force. On the 
other hand, profitability of domestic producers decr eased from 13 per cent in 2009 to 11  in 2010. 
Import figures of 2010 and decreasing trend in prof itability in the 3rd year of safeguard measure 
shows a balanced situation between domest ic and imported products in the market. 
Therefore, bearing in mind that a sudden and significant increase in the imports of the product 
concerned after the end of the 3-year period coul d negatively affect the recovery period of the 
domestic industry, the provisional safeguard measure is proposed to eliminate uncertainty that could 
come out with the ongoing investigation on the necess ity of the extension of the current measure. To 
achieve this objective, the provisional m easure shall be collected as a security. 
6. Offer of consultations under Article 12.4 
Consistent with Article 12.4 of the Agreement on Safeguards, Turkey is prepared to consult 
on the provisional safeguard measure with those Memb ers having a substantial interest as exporters of 
the product concerned.  G/SG/N/7/TUR/8 
 G/SG/N/11/TUR/14 
 G/SG/N/14/TUR/5 
 Page 7 
  
  C. 
NOTIFICATION UNDER ARTICLE 9, FOOTNOTE 2 UPON TAKING  A DECISION NOT TO APPLY THE 
PROVISIONAL SAFEGUARD MEASURE TO CERTAIN PRODUCTS ORIGINATING IN DEVELOPING 
COUNTRIES  
1. The measure 
It is proposed to impose provisional safegua rd measure in the form of specific duty as 
described in the notificatio n under Article 12.4 above. 
 
2. The product subject to the measure 
The measure applies to the products described  in paragraph 1 of the notification under 
Article 12.4 above. 
3. The developing countries to which the measure is not applied under Article 9.1 of the 
Agreement on Safeguards 
The developing countries in the list below are excluded from the measure as they export less 
than 3 per cent of imports to Turkey. 
Afghanistan; Albania; Algeria; Antigua and Ba rbuda; Angola; Argentina; American Samoa; 
Anguilla; Antarctica; Aruba; Azerbaija n; Barbados; Bangladesh;  Burkina Faso;  Bahrain;  Burundi;  
Benin;  Belarus;  Bolivarian Republic of Venezuela;   Brunei Darussalam;  Bolivia;  Brazil;  Bahamas;  
Bhutan;  Botswana;  Belize; Bermuda;  Bouvet Isla nd;  British Virgin Islands;  British Indian Ocean 
Territory;  Democratic Republic of Congo;  Cent ral African Republic;  Congo;  Côte d'Ivoire;  
Cameroon;  Chad;  Colombia;  Costa Rica;  Cuba;  Cape Verde;  Cayman Islands;  Chile;  Christmas 
Islands;  Cocos Islands;  Cook Isla nds;  Djibouti;  Dominica;  Dominican Republic;  Ecuador;  Egypt;  
Eritrea;  Ethiopia;  Fiji;  Federated States of Micronesia;  Falkland Islands;  French Polynesia;  French Southern Territories;  Gabon;  Grenada;  Ghana;  Ga mbia;  Georgia;  Greenland;  Guinea;  Equatorial 
Guinea;  Guatemala;  Guinea-Bissau;  Guyana;  Gibraltar;  Guam;  Honduras;  Haiti;  Heard Island 
and McDonald Islands;  India; Indonesia;  Iraq;  Iran (Islamic Republic of);  Jamaica;  Jordan;  
Kazakhstan;  Kenya,  Cambodia;  Kiribati;  Comoros;  St Kitts and Nevis;  Kuwait;  Kyrgyzstan;  Laos;  Lebanon;  St Lucia;  Sri Lanka;  Liberia;  Lesotho;  Libyan Arab Jamahiriya;  Morocco;  Madagascar;  Marshall Islands;  Mali;  Moldova;  Mongolia;  Maurita nia;  Mauritius;  Malaysia;  
Maldives;  Malawi;  Mozambique;  Macao;  Mayo tte;  Mexico;  Montserrat; Myanmar; Namibia;  
Niger;  Nigeria;  Nicaragua;  Nepal;  Nauru;  Ne therlands Antilles;  New Caledonia;  Niue Island;  
Norfolk Island;  Northern Mariana Islands;  Oman; Panama;  Peru;  Papua New Guinea;  Philippines;  
Pakistan;  Palau;  Paraguay;  Pitcairn;  Qatar;  Ru ssian Federation;  Rwanda;  Samoa;  Saudi Arabia;  
Solomon Islands;  Seychelles;  Sudan;  Sierra Leone;  Senegal;  Somalia;  South African Republic; 
Suriname;  Sao Tomé and Principe;  El Salvador;  Syrian Arab Republic; Swaziland;  South Georgia 
and South Sandwich Islands;  St He lena and dependencies;  St Pie rre and Miquelon;  Tajikistan; 
Thailand; Togo;  Tunisia;  Tonga;  East Timor;  Trinidad and Tobago;  Turkmenistan;  Tuvalu;  
Tanzania;  Tokelau;  Turks and Caicos Islands;  Uk raine;  United Arab Emirates;  United States Minor 
outlying islands;  Uganda;  Uruguay;  Uzbekistan;  St  Vincent;  Vietnam;  Vanuatu;  Virgin Islands of 
USA;  Wallis and Futuna Islands;  Yemen;  Zambia;  and Zimbabwe. 
__________