. /.  WORLD TRADE  
ORGANIZATION   
G/L/961 
G/SG/95 
29 September 2011 
 (11-4731) 
Council for Trade in Goods 
Committee on Safeguards Original:   English 
 
 
 
REQUEST UNDER ARTICLE 13.1(B) OF THE 
SAFEGUARDS AGREEMENT 
 
Request from India Concerning Certain Actions by Turkey 
   The following communication, dated 28 September 2011, is being circulated at the request of 
the Delegation of India. 
 
_______________ 
 
 1. Turkey had informed regarding imposition of safeguard measures on imports of cotton yarn 
on 12 August 2008
1 for three years as under: 
 
HS Code First year*  Second year* Third year* 
52.05 excluding 5205.12, 5205.22,  
5205.32 and 5205.42 20% 19% 18% 
5205.12, 5205.22, 5205.32 and  
5205.42 15% 14% 13% 
 *These measures came into force with effect from 15 July 2008 . 
 
2. Turkey made notification to the WTO on 23 June 20112 informing initiation of a review of a 
safeguard measure on cotton yarn under Article 12.1 (a).  Simultaneously, under obligation of 
Article 12.4, Turkey also informed regarding th e following proposed provisional safeguard measures 
to be taken under Article 6:  
Additional duty of 12% (maximum 0.85 and minimum 0.29 US Dollars per net 
kilogram) for the products classified with the codes of 5205.12, 5205.22, 5205.32 and 
5205.42; and 17% (maximum 0.85 and mini mum 0.29 US Dollars per net kilogram) 
for the rest of the products classified under the code of 52.05. 
3. India sought consultations with Turkey un der Article 12 which were held in Ankara on 
18 August 2011.  During these consultations India rai sed twenty questions to Turkey on the extension 
of safeguard measures, which India considers to be inconsistent with the WTO Safeguard Agreement.  
Turkey's reply to India's questions is awaited.  During these consultations, Turkey informed that 
provisional measures have been imposed on 4 August 2011 with retrospective effect from 
14 July 2011.  In addition, Turkey informed  during these consultations that no preliminary 
determination was made before levyin g the provisional measures referred above.  Turkey has not made 
a notification to the WTO regarding these measur es as is required under Article 12.1(c).   
                                                      
1 G/ G/SG/N/8/TUR/11-G/SG/N/9/TUR/5 -G/SG/N/10/TUR/11-G/SG/N/11/TUR/12 
(dated 22 August 2008). 
2 G/SG/N/6/TUR/14/Suppl.1-G/SG /N/7/TUR/10-G/SG/N/11/TUR/17. G/L/961 
G/SG/95 Page 2 
 
 
  4. In India's views, as Turkey initiated a re view to extend the safeguard measures beyond 
3 years, it is under obligation as per provision of Ar ticle 7.2 of the Agreement on Safeguards to make 
a determination, in conformity w ith the procedures set out in Articles 2, 3, 4 and 5 that safeguard 
measure continues to be necessary to prevent or re medy serious injury to its domestic industry and 
that there is evidence that the industry is adjusting.   To date Turkey has not made a determination as 
required under Article 7.2 of Agreement on Safe guards and therefore Turkey cannot extend the 
safeguard measures on cotton yarn. In India's views,  the extension of safeguard measures by imposing 
provisional measures is inconsistent with the Agreement on Safeguards as Turkey cannot take 
recourse to provisional measures under Article 6 while  undertaking review of existing measures.    
 
5. While Turkey cannot take provisional measures in the case of a review to consider the need 
for extending the period of levy of definitive me asures, the provisional measure imposed by Turkey 
on 4 August 2011 with retrospective effect is  also not permissible under the Agreement on 
Safeguards.  As the original safeguard measures on cotton yarn expired on 14 July 2011, any second 
application of safeguard measures on the same produc t will be covered by the provision of Article 7.5 
for which there has to be a minimum non-application period of 2 years.    6. India considers that Turkey's continuation of  safeguard measures on cotton yarn raises serious 
issues of proper implementation of the provisions of  the Agreement on Safeguards.  India requests the 
Committee on Safeguards to examine whether Turkey has met all the procedural requirements of the 
Agreement on Safeguards while continuing the saf eguard measures on cotton yarn in the above 
manner and report its findings to the Council for Trade in Goods at the earliest.     
__________