WORLD TRADE  
ORGANIZATION  G/SG/N/8/ZAF/1/Suppl.2 
G/SG/N/10/ZAF/1/Suppl.1 
G/SG/N/11/ZAF/1/Suppl.2 
21 December 2007 
 (07-5757) 
Committee on Safeguards  Original:   English 
 
 
NOTIFICATION UNDER ARTICLE 12.1(B) OF THE AGREEMENT 
ON SAFEGUARDS ON FINDING A SERIOUS INJURY OR THREAT 
THEREOF CAUSED BY INCREASED IMPORTS 
 
NOTIFICATION PURSUANT TO ARTICLE 12.1(C) 
OF THE AGREEMENT ON SAFEGUARDS 
 
NOTIFICATION PURSUANT TO ARTICLE 9, FOOTNOTE 2, OF  
THE AGREEMENT ON SAFEGUARDS 
 
SOUTH AFRICA 
 
Supplement
 
 
(Lysine ) 
 
 The following communication, dated 21 December 2007, is being circulated at the request of 
the Delegation of South Africa.   
 
_______________ 
  
 (L-Lysine HCI (scientific name) or commonly known as lysine powder and feed supplements 
containing by mass 40 per cent or more lysine, whet her or not containing added antibiotics or added 
melengestrol acetate (scientific name) or commonl y known as L-Lysine sulphate and its byproducts 
from fermentation or also known as Biolys or Protein Lysine) 
 
Pursuant to Articles 12.1(b), 12.1(c) and 9, footnote 2 of the Agreement on Safeguards, 
South Africa hereby provides supplemental notifi cations to the Committee on Safeguards on finding 
serious injury or threat thereof caused by incr eased imports, on taking a decision to apply safeguard 
measures, and on taking a decision not to apply thos e measures to products originating in developing 
countries.    
 G/SG/N/8/ZAF/1/Suppl.2 
G/SG/N/10/ZAF/1/Suppl.1 G/SG/N/11/ZAF/1/Suppl.2 
Page 2 
  
  I. NOTIFICATION UNDER ARTICLE 12.1(B) OF THE AGREEMENT ON 
SAFEGUARDS ON FINDING SERIOUS INJURY OR THREAT THEREOF CAUSED BY INCREASED IMPORTS AND 
II. NOTIFICATIONS PURSUANT TO ARTICLE 12.1(C) OF THE AGREEMENT ON 
SAFEGUARDS 
In light of the agreed format for notifications (G/SG/W/1, 23 February 1995), South Africa 
provides supplemental notification to the Committee  on Safeguards of findings of serious injury or 
threat thereof caused by increased imports and no tification of safeguard measures applied concerning 
L-Lysine HCI (scientific name) or commonly known as lysine powder and feed supplements 
containing by mass 40 per cent or more lysine, whet her or not containing added antibiotics or added 
melengestrol acetate (scientific name) or commonl y known as L-Lysine sulphate and its byproducts 
from fermentation or also known as Biolys or Protein Lysine.    
On 11 May 2007, the International Trade Administration Commission of South Africa (the 
Commission) initiated an investigation relating to seri ous injury or threat thereof to the South African 
producer of the like or directly competitive pr oduct with the imported product.  Following a 
preliminary determination, South Africa imposed provisional safeguard measures against the imports of the product concerned in Notice No. R445 of Government Gazette No. 29889 dated 11 May 2007 
which subsequently lapsed on 27 November 2007.   
 
The initiation of the investigation, the im position of provisional measures as well as the 
decision not to apply those provisional measures to certain products originating in developing 
countries have been notified to the Committee on safeguards (see WTO document G/SG/N/11/ZAF/1).   
 
 Consistent with Article 12.2 of the Agre ement on Safeguards, South Africa notified on 
1 October 2007 (G/SG/N/8/ZAF/1/Suppl.1, G/SG /N/10/ZAF/1, G/SG/N/11/ZAF/1/Suppl.1) 
information relating to the product on which it propos ed to apply definitive safeguard measures.   
 
By Notice No. R1196 of Government Gazette  No. 30581 published on 14 December 2007, 
South Africa imposed definitive safeguard measures on imports of the produc ts referred to above.  
The present notification confirms the findings and pro posed measures notified on 1 October 2007.     
 
1. Provide evidence of serious injury or  threat thereof caused by increased imports 
 
Notification G/SG/N/8/ZAF/1/Suppl.1, G/SG/N/10/ZAF/1, G/SG/N/11/ZAF/1/Suppl.1 
(1 October 2007) includes information on evidence of serious injury caused by increased imports 
found during the investigation.  More detailed information can be found in the Commission's 
Report No. 250. 
 
2. Provide information on whether there is an  absolute increase in imports or an increase 
in imports relative to domestic production 
 
Notification G/SG/N/8/ZAF/1/Suppl.1, G/SG /N/10/ZAF/1, G/SG/N/11/ZAF/1/Suppl. 1 
(1 October 2007) includes information on the absolute  increase in imports and the increase in imports 
relative to the domestic production for the products covered by safeguard measures.  More detailed 
information can be found in the Commission's Report No. 250.    G/SG/N/8/ZAF/1/Suppl.2 
 G/SG/N/10/ZAF/1/Suppl.1  G/SG/N/11/ZAF/1/Suppl.2 
 Page 3 
  
  3. Provide a precise description of the product involved 
 
The subject products are described as L-Lysine  HCI (scientific name) or commonly known as 
lysine powder, classifiable under tariff subheading 2922.41, and feed supplements containing by mass 
40 per cent or more lysine, whether or not contai ning added antibiotics or added melengestrol acetate 
(scientific name) or commonly known as L-Lysine su lphate and its byproducts  from fermentation or 
Biolys or Protein Lysine, classifiable under tariff subheading 2309.90.65.   
 
4. Provide a precise description of the proposed measure 
 
An ad valorem  tariff of 27 per cent on L-Lysine HCI classifiable under tariff 
subheading 2922.41 and feed  supplements containing by mass 40 per cent or more lysine, whether or 
not containing added antibiotics or added meleng estrol acetate (scientific name) or commonly known 
as L-Lysine sulphate and its byproducts from fermen tation or Biolys or Protein Lysine classifiable 
under tariff subheading 2309.90.65.    5. Provide the proposed date of introduction of the measure 
 
The measures entered into force on 14 December 2007.   
 
6. Provide the expected duration of the measure 
 
The measures are expected to apply until 11 April 2010.   
 
7. 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 date for the review has already been scheduled 
 
Not applicable.   
 
8. If the expected duration is over one year, provide the expected timetable for progressive 
liberalization of the measure 
 
Period Rate of safeguard 
measure 
14 December 2007 – 10 May 2008  27% 
11 May 2008 – 10 May 2009 18% 
11 May 2009 – 11 April 2010 9% 
 
9. If the measure is being extended, also pr ovide:  (i) evidence that the industry concerned 
is adjusting and that the safeguard measure continues to be necessary to prevent or 
remedy serious injury 
 
Not applicable.   G/SG/N/8/ZAF/1/Suppl.2 
G/SG/N/10/ZAF/1/Suppl.1 G/SG/N/11/ZAF/1/Suppl.2 
Page 4 
  
  III. SUPPLEMENTAL NOTIFICATION UNDER ARTICLE 9, FOOTNOTE 2 OF THE 
AGREEMENT ON SAFEGUARDS 
1. Specify the measure 
 
The measure consists of the ad valorem  tariff of 27 per cent described in the notification 
under Article 12.1(b) and Ar ticle 12.1(c), above.   
 
2. Specify the products subject to the measure 
 
The measure shall be applied to the products  described in II.4 of the notification under 
Article 12.1(b) and Article 12.1(c), above.    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 
 
Imports from the following countries are excluded form the application of the safeguard 
measure, as described above:   
 Afghanistan, Algeria, Antigua and Barbuda, A ngola, Argentina, American Samoa, Anguilla, 
Antarctica, Aruba, Azerbaijan, Barbados, Banglad esh, Burkina Faso, Bahrain, Burundi, Benin, 
Belarus, Bolivarian Republic of Venezuela, Brune i Darussalam, Bolivia, Bahamas, Bhutan, Belize, 
Bermuda, Bouvet Island, British Virg in Islands, British Indian Ocean Territory, Democratic Republic 
of Congo, Central African Republic, Congo, Côte d'Ivoire, Cameroon, Chad, Colombia, Costa Rica, 
Cuba, Cape Verde, Cayman Islands, Chile, Christ mas Islands, Cocos Islands , Cook Islands, Djibouti, 
Dominican Republic, Ecuador, Egypt, Eritrea, Ethiopia,  Fiji, Federated States of Micronesia, Falkland 
Islands, French Polynesia, French Southern Terr itories, Gabon, Grenada, Ghana, Gambia, Georgia, 
Greenland, Guinea, Equatorial Guinea, Guatemala,  Guinea-Bissau, Gibraltar, Guam, Honduras, Haiti, 
Heard Island and McDonald  Islands, Indonesia, Iraq, Iran (Islami c Republic of), Jamaica, Jordan, 
Kazakhstan, Kenya, Cambodia, Kiribati, Comoros, St Kitts and Nevis, Kuwait, Kyrgyzstan, Laos, 
Lebanon, St Lucia, Sri Lanka, Liberia, Libyan, Arab Jamahiriya, Morocco , Madagascar, Marshall 
Islands, Mali, Moldova, Mongolia, Mauritania, Mauritius, Malaysia , Maldives, Malawi, Mozambique, 
Macao, Mayotte, Mexico, Montserrat, Niger, Nigeria,  Nicaragua, Nepal, Nauru, Netherlands Antilles, 
New Caledonia, Niue Island, Norfolk Island, Nort hern Mariana Islands, Om an, Panama, Peru, Papua 
New Guinea, Philippines, Pakistan, Palau, Paraguay,  Pitcairn, Qatar, Russian Federation, Rwanda, 
Samoa, Saudi Arabia, Solomon Islands, Seychell es, Sudan, Sierra Leone, Senegal, Somalia, 
Suriname, Sao Tomé and Principe, El Salvador, Syrian Arab Republic, South Georgia and South 
Sandwich Islands, St Helena  and dependencies, St Pierre and Mi quelon, Tajikistan, Togo, Tunisia, 
Tonga, East Timor, Trinidad and Tobago, Turkme nistan, Tuvalu, Tanzania, Tokelau, Turks and 
Caicos Islands, Ukraine, United Arab Emirates , United States Minor out lying islands, Uganda, 
Uruguay, Uzbekistan, St Vincent, Vietnam, Vanua tu, Virgin Islands of USA, Wallis and Futuna 
Islands, Yemen, Zambia and Zimbabwe. 
 
The International Trade Administration Commiss ion of South Africa's (the Commission's) 
Final Report No. 250, containing the recommendation a pproved by the Minister of Trade and Industry 
in South Africa, is available on the Commission's website (www.itac.org.za
).   
 
 
__________