. /.   WORLD TRADE  
ORGANIZATION  G/SG/Q1/TUR/8 
5 June 2008 
 (08-2629) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 12.6 OF THE AGREEMENT 
 
Replies to Questions Posed by the UNITED STATES
1  
Regarding the Notification of TURKEY2 
 
 
 The following communication, dated 3 June 2008, is being circulated at the request of the 
Delegation of Turkey.    
_______________ 
 
 
Question 1 
 
Please explain how amending the Decree  to allow for the application of safeguard 
measures to products without first undertaking an investigation on the parts or components is 
consistent with Articles 2 and 4 of the WTO Agreement on Safeguards.   
 
Reply
 
 
 The aim of the amendment in the safeguard le gislation is to increase effectiveness of the 
safeguard measures defined by the investigations.  The product subject to the investigation is defined 
by the investigating authority within the request of the applicant domestic producers consistent with 
Article 2 of the WTO Safeguards Agreement.  The product subject to the inve stigation is defined by 
its production process, production fact ors and functionality.  After th e determination of the product 
consistent with the Article 2, the custom codes of this product are defined.  The custom codes are the 
statistical classification of the goods.  They are not  the functional identifications of the goods.  Any 
parts or components that have not been investig ated in consistency with Article 4 of the WTO 
Safeguards Agreement can not be s ubject to measure.  Thus, there is no automatic extension of the 
measure to any other product or parts/components.   
 
 The Article 2(a) of the General Rules of Tariff Interpretation is designed for the application of 
the custom duties to incomplete or unfinished produc ts that has the essential character of the complete 
or finished product, where the boundaries are determin ed by the custom codes.   But in some cases, 
according to the investigation, the scope of the me asure can be a subset of a custom code or a 
combination of subset of different codes.  With this amendment it is aimed to specify and liberalize 
the practices of the Article 2(a) of the General Rul es of Interpretation on the one hand, and to prevent 
the circumvention of the measures just for th e safeguard regulations on the other hand.   
                                                      
1 G/SG/Q1/TUR/6.   
2 G/SG/N/1/TUR/3/Suppl.1.   G/SG/Q1/TUR/8 
Page 2  
 
  Question 2 
 
How does Turkey intend to define the term "parts and components" for purposes of the 
Decree?  For example, if Turkey were to appl y a safeguard measure on imports of finished 
automobiles, would it intend also to extend that measure to all imports of spark plugs and tires?  
To parts and components for both the origin al equipment and replacement markets?   
 
Reply
 
  During the investigation period, the investiga tion authority analyzes the added value of the 
product within the production process.  The expressi on "parts or components having the added value" 
means the main production activities, which ar e realized by the domestic producers.   
 
It is not intended with the amendment to auto matically apply a safeguard measure to parts and 
components for both the original product and replacem ent market.  As mentioned above, any parts or 
components that have not been investigated can not be subject to measure.   
 
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