WORLD TRADE  
ORGANIZATION  G/SG/N/6/TUN/1 
26 July 2006 
 
 (06-3578) 
Committee on Safeguards Original:   French 
  
 
NOTIFICATION UNDER ARTICLE 12.1(A) OF THE AGREEMENT 
ON SAFEGUARDS ON INITIATION OF AN INVESTIGATION 
AND THE REASONS FOR IT 
 
TUNISIA 
 
(Bottles and Other Containers, of Glass, and Glassware
 
of a Kind Used for Table and Kitchen Purposes ) 
  
 The following notification, dated 14 July 2006, is being circulated at the request of the 
delegation of Tunisia.  
_______________ 
 
 
 Pursuant to Article 12.1(a) of the Agreem ent on Safeguards, and taking into account the 
format adopted by the Committee on Safeguards fo r notifications under the Agreement on Safeguards 
(G/SG/N/6, of 7 February 1995), Tunisia here by notifies the Committee on Safeguards of the 
initiation of a safeguard investigation on imports of glass.  
 After examining the request made by the domestic glass industry for the application of a 
safeguard measure against imports of glass, the Tunisian services responsible for safeguards have 
decided to initiate an investigation pursuant to  Law No. 98-106 of 18 December 1998 on import 
safeguard measures.  
1. Date of initiation of the investigation 
 
 The investigation was initiated on 16 June 2006.  
2. Products subject to the investigation 
 
• 701090:  Carboys (demijohns), bottles, flasks,  jars, pots, phials and other containers, 
of glass; 
 
• 7013:  Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or 
similar purposes, other than that of heading No. 70.10 or 70.18. 
 
3. Reasons for initiating the investigation 
 
 (a) The investigation was initiated followi ng the evaluation of a petition filed by the 
domestic glass industry for the application of a safeguard measure.  The petitioners 
account for the total domestic output of the products at issue. 
 G/SG/N/6/TUN/1 
Page 2  
 
   (b) The analysis of foreign trade statistics has revealed that imports of the products at 
issue rose from 8 million tonnes in 20 03 to 11 million tonnes in 2005. 
  (c) The petitioners have provided evidence th at these imports have caused damage which 
it would be difficult to repair to the domestic industry manufacturing like products or 
products competing directly with the imported products, as indicated mainly by the 
drop in utilization of production capacity, volume of sales and economic return for 
the domestic producers. 
 
4. Further information 
 
 Please find herewith the notice of initiation of the safeguard investigation, as published in 
Official Journal of the Tunisian  Republic No. 48 of 16 June 2006. 
  Pursuant to this notice, all interested parties are invited to present their views in writing and to 
submit any information deemed useful for the smoot h conduct of the investigation within a time-limit 
of 30 days counted from the date of publication of the notice of initiation.   Moreover, any interested party wishing to take pa rt in the public hearing is required to file an 
application to that effect within a time-limit of 30 days counted from the date of publication of the 
notice of initiation of the investig ation, at the following address: 
 
 Ministère du Commerce et de l'Artisanat,  Direction Générale du Commerce Extérieur,  1 avenue de l'Iraq, Immeuble O C T, 1002 Tunis,  Tel.:  00 216 71 783 820 
 Fax:  00 216 71 890 531 
  G/SG/N/6/TUN/1 
 Page 3 
 
 
  NOTICE OF INITIATION OF A SAFEGUARD INVESTIGATION ON 
GLASS PRODUCTS 
 
  The Ministry of Trade and Crafts has recei ved, in accordance with Articles 3ff. of Law 
No. 98-106 of 18 December 1998 on import safeguard measures, a complaint that rising increases in 
imports of certain glass products appear to have tr iggered the injury caused to the domestic industry 
manufacturing glass products.  
1. Petition 
 
 The four companies which represent the domestic  glass product industry as a whole have filed 
a complaint in conformity with the provisions of Law No. 98-106 and have requested the Ministry responsible for trade to initiate a safeguard i nvestigation and to impose provisional measures. 
 2. Products at issue and countries concerned 
 
 The products at issue in the investigatio n are classified as the following tariff items: 
 
• 701090:  Carboys (demijohns), bottles, flasks, jars, pots, phials, ampoules and other 
containers, of glass, of a kind used for the conveyance or packing of goods;  preserving jars of glass;  stoppers, lids and other closures, of glass. 
 
• 7013:  Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or 
similar purposes, other than that of heading No. 70.10 or 70.18. 
  The main sources of these products are the count ries of the European Union, China, Indonesia 
and Turkey. 
 
3. Increased imports 
 
 The foreign trade statistics indicate that to tal imports of the products at issue rose from 
8 million tonnes in 2003 to 10 million tonnes in 2004 and to 11 million tonnes in 2005.  This upward 
trend in imports of the products at issue was conf irmed over the first four months of 2006, both in 
absolute terms and relative to dom estic production and consumption. 
 
4. Serious injury or threat of serious injury 
 
 The complainants have provided evidence of stagnant consumption in the local market, 
increased imports, and the drop in sales volume, prices, economic return for the domestic producers 
and utilization of production capacity , despite the efforts made by the Tunisian industry to improve its 
production capacity in order to raise domestic supply.  
5. Procedural aspects of the investigation 
 
 - Initiation of the investigation 
 
 In accordance with Article 6 of Law No. 98-106, a preliminary study has been carried out by the relevant services of the Ministry of Trade and Crafts.  It emerges from this study that there is sufficient evidence to warr ant the initiation of a safeguard investigation on the products at issue. 
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   The Ministry of Trade and Crafts accord ingly authorizes the initiation of a safeguard 
investigation in order to determine whether, for each of the products at issue, imports have increased 
in quantities such and have taken place under term s or conditions such as to potentially cause or 
threaten to cause serious injury to the domestic  producers of like products or products competing 
directly with the products at issue. 
 
 - Intervention by interested parties 
 
 All interested parties are invited to pr esent their views in writing and to submit any 
information deemed useful to the smooth conduct of  the investigation within a period of 30 days 
counted from the date of publication of this notice in the Official Journal of the Tunisian Republic. 
  The services in charge of the investigation sh all send questionnaires to  the known producers 
and importers of the products at issue.  The comp leted questionnaires shall reach the Ministry within 
30 days of the date of dispatch. 
 
 Any information that is not submitted within the timeframes laid down in this notice may be 
disregarded and the conclusions may be estab lished on the basis of the data available. 
  Should the services in charge of the investigati on find that a party concerned or a third party 
has supplied false or misleading information, such information shall not be taken into consideration 
and use may be made of the data available. 
  Interested parties that have made their views known and have submitted information or 
requested to be heard and the representatives of th e exporting countries may, upon written application, 
access the information placed at the disposal of th e services in charge of the investigation, provided 
that such information is pertinent to the presentati on of their cases and that it is not of a confidential 
nature within the meaning of Article 11 of Law No. 98-106.   All comments, applications and responses to requests for information shall be made in writing, in the Arabic or French language, and shall be sent to the following address:  
 Ministère du Commerce et de l'Artisanat 
 Direction Générale du Commerce Extérieur  1 avenue de l'Iraq, Immeuble O C T, 1002 Tunis,  Tel.:  71 783 820  Fax:  71 890 531 
 
 - Hearing of interested parties 
 
 Any interested party wishing to take part in th e public hearing, at a date yet to be determined, 
shall submit an application to that effect with in a period of 30 days counted from the date of 
publication of this notice in the Official Journal of the Tunisian Republic. 
 
 In accordance with Articles 7 and 9 of Law No . 98-106, any interested party may request to 
be heard orally by the services in charge of the inv estigation, provided that a substantiated application 
is made in writing within a period of 45 days counted  from the date of publication of this notice in the 
Official Journal of the Tunisian Republic. 
 
 - Conduct of the investigation 
 
 Pursuant to Article 15 of Law No. 98-106 of 18 December 1998, the investigation shall be 
completed within a period of nine months counted from the date of publication of this notice in the  G/SG/N/6/TUN/1 
 Page 5 
 
 
  Official Journal of the Tunisian Republic.  The time-limit may be extended by a maximum of two 
months.   Upon completion of the investigation and on  recommendation of the National Foreign Trade 
Council, it may be decided: 
 
 - Either to apply safeguard measures, in  which case an order instituting the measures 
shall be published in the Official Jour nal of the Tunisian Republic, along with a 
report detailing the evidence gathered over the course of the investigation and the reasoned conclusions reached as a result; 
 
 - or to deem it inappropriate to apply safeguard measures, whereupon the case shall be 
filed. 
  
        The Minister of Trade and Crafts 
         Mondher Znaidi  
__________