WORLD TRADE  
ORGANIZATION  G/SG/N/8/DOM/1/Suppl.2 
G/SG/N/10/DOM/1 
G/SG/N/11/DOM/1/Suppl.1 
18 October 2010 
 
 (10-5385) 
Committee on Safeguards Original:   Spanish 
 
 
 
NOTIFICATION UNDER ARTICLE 12.1(B) OF THE AGREEMENT ON 
SAFEGUARDS UPON MAKING A FINDING OF SERIOUS 
INJURY OR THREAT THEREOF CAUSED BY 
INCREASED IMPORTS 
 
NOTIFICATION UNDER ARTICLE 12.1(C) OF 
THE AGREEMENT ON SAFEGUARDS 
 
NOTIFICATION UNDER ARTICLE 9, FOOTNOTE 2, 
OF THE AGREEMENT ON SAFEGUARDS 
 
DOMINICAN REPUBLIC 
 
(Tubular fabric and polypropylene bags ) 
 
 
 The following communication, dated 8 October 2010, is being circulated at the request of the delegation of the Dominican Republic.  
_______________ 
 
  In connection with its notification of Resolution No. CDC-RD-SG-046-2009 of 15 December 2009, the Dominican Republic hereby  notifies the following documents relating to 
Resolution No. CDC-RD-SG-089-2010 of 5 Octobe r 2010 on the general safeguard investigation 
concerning increased imports of tubular fabric a nd polypropylene bags into the Dominican Republic. 
  The Dominican Republic accordingly subm its the following attached documents: 
 
(1) Notification by the Dominican Republic  under Article 12.1(b) and (c) of the 
Agreement on Safeguards; 
 
(2) Notification to the Committee on Safeguards of non-application of a definitive 
safeguard measure to developing countri es under Article 9.1 of the Agreement on 
Safeguards; 
 
(3) Resolution No. CDC-RD-SG-089-2010 of 5 October 2010
1; 
 
(4) Public Notice of Resolution No. CDC-RD-SD-089-2010 of 6 October 20101; 
 
                                                      
1 Copies of Resolution No. CDC-RD-SG-089-2010 and of the notices (in Spanish only) have been 
submitted electronically.  In order to view these docume nts, please contact Ms Budd  (hilary.budd@wto.org) or 
Ms Naville (delphine.naville@wto.org) from the Rules Division. G/SG/N/8/DOM/1/Suppl.2 
G/SG/N/10/DOM/1 G/SG/N/11/DOM/1/Suppl.1 
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  (5) Notice on the general safeguard inves tigation concerning tubular fabric and 
polypropylene bags pursuant to Article 271 of the Implementing Regulations for 
Law No. 1-02 of 6 October 2010.
1  G/SG/N/8/DOM/1/Suppl.2 
 G/SG/N/10/DOM/1 
 G/SG/N/11/DOM/1/Suppl.1 
 Page 3 
  
  NOTIFICATION UNDER ARTICLE 12.1(B) OF THE AGREEMENT ON 
SAFEGUARDS UPON MAKING A FINDING OF SERIOUS 
INJURY OR THREAT THEREOF CAUSED BY 
INCREASED IMPORTS 
 
 
1. Provide evidence, citing relevant data and th e 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 varia tion in the volume of im ports of tubular fabric 
and 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 tubular fabric and polypropylene bags. 
 
Absolute increase in imports of tubular fabric and polypropylene bags 
 
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 tubular fa bric and polypropylene bags has fluctuated, 
reaching 60.76 per cent in 2006/2007, standing at 9.4 per cent in 2007/2008, with, in 2009, a decline 
of 14.68 per cent over 2008.  Duri ng the period of investigation as a whole, imports increased by 
50.06 per cent.  
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%  9.4% -14.68% 50.06% 
 
3. Provide a precise description of the product involved 
 Tubular fabric and polypropylene bags falli ng under subheadings 5407 .20.20 and 6305.33.90 
of the Harmonized Commodity Description and C oding System, Spanish version, including its 
alignment with the Fourth Edition. G/SG/N/8/DOM/1/Suppl.2 
G/SG/N/10/DOM/1 G/SG/N/11/DOM/1/Suppl.1 
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4. Provide the Harmonized System numbers under which the product enters at least at a 
6-digit HS level, and at a sub-national level (e.g. 8-digit HS, 9-digit HS or 10-digit HS) if 
practicable  (The HS codes will be provided for reference purposes only) 
Product Tariff item number 
Tubular fabric 5407.20.20 
Polypropylene bags 6305.33.90 
 
5. If the final measure replaces a provisional meas ure, 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.2 
6. Provide a precise description of the proposed measure 
 The definitive safeguard measure consists of an ad valorem  tariff of the order of 
thirty-eight per cent (38%), applied for a period of eighteen (18) months as of 18 October 2010 and 
subject to the following semi-annual tariff phasing-out schedule: 
 
Amount of measure / Date of application 
Definitive safeguard of thirty-eight per cent (38%) ad valorem from  eighteen (18) October 2010 to 
eighteen (18) April 2011. 
Definitive safeguard of twenty-eight per cent (28%) ad valorem from  nineteen (19) April 2011 to 
nineteen (19) October 2011. 
Definitive safeguard of fourteen per cent (14%) ad valorem from twenty (20) October 2011 to 
twenty (20) April 2012. 
Where imports are subject to an MFN tariff higher than the percentage rate of the definitive safeguard measure 
applicable as of twenty (20) October 2011, the former will be applied. (Imports under tariff 
subheading 6305.33.90 are subject to an MFN tariff of 20%, a rate which also applies to imports under this 
subheading pursuant to the EPA Agr eement and the Agreement with Panama.  In these cases, the MFN tariff 
will continue to be applied as of twenty (20) October 2011). 
As of twenty-one (21) April 2012, the definitiv e safeguard measure will be zero per cent (0%). 
Where imports are subject to an MFN tariff higher than the percentage rate of the definitive safeguard measure 
applicable as of twenty-one (21) April 2012, th e former will be applied.  (Imports under tariff 
subheading 5407.20.20 are subject to an MFN tariff of 14%, a rate which also applies to imports under this 
subheading pursuant to the EPA Agreement and the Agreement with Panama.  Imports under tariff 
subheading 6305.33.90 are subject to an MFN tariff of 20%, a rate which also applies to imports under this 
subheading pursuant to the EPA Agreement and the Agr eement with Panama.  In the specific case of the 
Dominican Republic - Central America Free Trade Agre ement (DR-CAFTA), the corresponding tariffs will 
continue to be applied in accordance with the reduction schedule established for this tariff subheading in the 
Agreement.  In all of these cases, the MFN tariff will co ntinue to be applied as of twenty-one (21)  April 2012).
 
7. Provide the proposed date of introduction of the measure 
 The proposed date of introduction of the de finitive measure is eighteen (18) October 2010. 
                                                      
2 The HS codes will be provided for reference purposes only.  G/SG/N/8/DOM/1/Suppl.2 
 G/SG/N/10/DOM/1 
 G/SG/N/11/DOM/1/Suppl.1 
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8. Provide the expected duration of the measure 
 The expected duration of the definitive measur e adopted will be eighteen (18) months as from 
eighteen (18) October 2010.  The measure will come  to an end on twenty-one (21) April 2012. 
 
9. 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 has already been scheduled 
 Not applicable. 
10. If the expected duration is over one year, pr ovide the expected timetable for progressive 
liberalization of the measure 
Application of the measure will be subject to the following semi-annual tariff phasing-out 
schedule: 
 
Amount of measure / Date of application 
Definitive safeguard of thirty-eight per cent (38%) ad valorem  from eighteen (18) October 2010 to 
eighteen (18) April 2011. 
Definitive safeguard of twenty-eight per cent (28%) ad valorem  from nineteen (19) April 2011 to 
nineteen (19) October 2011. 
Definitive safeguard of fourteen per cent (14%) ad valorem from twenty (20) October 2011 to 
twenty (20) April 2012. 
Where imports are subject to an MFN tariff higher than the percentage rate of the definitive safeguard measure 
applicable as of twenty (20) October 2011, the former will be applied. (Imports under tariff 
subheading 6305.33.90 are subject to an MFN tariff of 20%, a rate which also applies to imports under this 
subheading pursuant to the EPA Agr eement and the Agreement with Panama.  In these cases, the MFN tariff 
will continue to be applied as of twenty (20) October 2011). 
As of twenty-one (21) April 2012, the definitiv e safeguard measure will be zero per cent (0%). 
Where imports are subject to an MFN tariff higher than the percentage rate of the definitive safeguard measure 
applicable as of twenty-one (21) April 2012, th e former will be applied.  (Imports under tariff 
subheading 5407.20.20 are subject to an MFN tariff of 14%, a rate which also applies to imports under this 
subheading pursuant to the EPA Agreement and the Agreement with Panama.  Imports under tariff 
subheading 6305.33.90 are subject to an MFN tariff of 20%, a rate which also applies to imports under this 
subheading pursuant to the EPA Agreement and the Agr eement with Panama.  In the specific case of the 
Dominican Republic - Central America Free Trade Agre ement (DR-CAFTA), the corresponding tariffs will 
continue to be applied in accordance with the reduction schedule established for this tariff subheading in the 
Agreement.  In all of these cases, the MFN tariff will co ntinue to be applied as of twenty-one (21)  April 2012).
 
11. 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: 
 Not applicable. 
  (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. G/SG/N/8/DOM/1/Suppl.2 
G/SG/N/10/DOM/1 G/SG/N/11/DOM/1/Suppl.1 
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 (ii) Provide information regarding proce dures for prior consultation with those 
Members having a substantial interest as exporters of the product concerned. 
 
  Not applicable.  
12. 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) the duration of the measure from initial application until the date on which it 
will be extended;  and 
 
  Not applicable.   (iv) a precise description of the measure in place 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. 
 
13. 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 chie fly from Costa Rica, China and Honduras, 
with a percentage share during the period of  investigation 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.   G/SG/N/8/DOM/1/Suppl.2 
 G/SG/N/10/DOM/1 
 G/SG/N/11/DOM/1/Suppl.1 
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  NOTIFICATION UNDER ARTICLE 9, FOOTNOTE 2, 
OF THE AGREEMENT ON SAFEGUARDS 
 
Pursuant to Article 9.1, footnote 2, of the Agreement on Safeguards, the Dominican Republic 
hereby notifies the Committee on Safeguards that it will not apply a definitive safeguard measure to 
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 
 Definitive safeguard measure consisting of an ad valorem  tariff of the order of thirty-eight per 
cent (38%), applied for a period of eighteen (18) m onths as of 18 October 2010 to imports of tubular 
fabric and polypropylene bags  corresponding to subheadings 5407.20.20 and 6305.33.90 of the 
Fourth Amendment to the Dominican Republic's Customs 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% 
 
 
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