WORLD TRADE  
ORGANIZATION  G/SG/Q1/JPN/8 
22 April 2010 
 (10-2090) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATION OF LAWS AND REGULATIONS UNDER 
ARTICLE 12.6 OF THE AGREEMENT 
 
Replies to Questions from the UNITED STATES
1 Regarding  
the Notification of JAPAN2 
 
  The following communication, dated 20 April 2010,  is being circulated at the request of the 
Delegation of Japan.    
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Question 1 
 
 With regard to paragraph 2, Definitions , please clarify how these Duty Guidelines  are to 
function in conjunction with the Cabine t Order of Emergency Duty [hereinafter Cabinet Order ] 
and the Regulations to Govern Emergency Measures [hereinafter Regulations ].   
 
Reply
 
 
 Paragraph 1(a) of Article XIX of the GA TT 1994 stipulates "to suspend the obligation in 
whole or in part" and "to withdraw or modify th e concession".  Japan, pursuant to these provisions, is 
to take Safeguards measures as import quantitative restrictions measures and tariff measures.  Cabinet 
Order Relating to Emergency Duty  and this Duty Guideline  stipulate the provisions concerning with 
tariff measures and their implementation procedures.  The Regulations to Govern Emergency 
Measures to be Taken in Response to  an Increase in the Importation of Goods  and the Measure 
Guidelines  stipulate the provisions concerning with import quantitative restriction measures and their 
implementation procedures.  In paragraph 3 of the Duty Guidelines , it is stipulated to assure the 
uniform and integrated operation of both measures.    
Question 2  
 
 With regard to Paragraph 6, Initiation of Investigation, part (1)  of the Duty Guidelines  
please confirm that the Minister of Finance w ill notify the initiation of any safeguard 
investigation to the WTO Committee on Safegu ards, in accordance with Article 12.1 of the 
WTO Agreement on Safeguards.   
                                                     
 
1 G/SG/Q1/JPN/7.   
2 G/SG/N/1/JPN/2/Suppl.2.   G/SG/Q1/JPN/8 
Page 2  
 
  Reply
 
  This provision stipulates domestic procedures of  investigation.  Apart from these procedures, 
initiation of the investigation will be immediat ely notified by Government of Japan to WTO 
Safeguard Committee in accordan ce with Article 12.1 of the WTO Agreement on Safeguards.   
 
Question 3 
  Paragraph 8, Holding a Public Hearing, part (1) Establishment of Agenda, etc.  of the 
Duty Guidelines  and paragraph 7, Holding a Public Hearing, part (1), Establishment of Agenda, 
etc. of the Measure Guidelines notes "the testimony, views or information obtained in the public 
hearing shall be shared in both hearings".  This paragraph, read in conjunction with the 
relevant articles of the Cabinet Order, Regulation  and  Measure Guidelines  seems to indicate that 
in the course of a safeguard investigation, two he arings will be held - one by the Ministry of 
Finance and one by the Ministry of Economy, Trade and Industry.  At these hearings, interested 
parties will be responsible for presenting the sa me testimony or evidence for each hearing.  
Please clarify if our understanding is correct, and,  if so, please explain why the requirement to 
present the same evidence or testimony at both  hearings is necessary and not an undue burden 
on interested parties.   
 
Reply
 
 
 It is a misunderstanding that two public heari ngs will be held individually.  Based on the 
provision of paragraph 3 of Duty Guideline and the provision of paragraph 2 of the Measure 
guidelines, one Public Hearing for two investigations  will be held.  This is why it is only necessary for 
interested parties to present testimony only once.   
 
Question 4 
  Paragraph 8, Holding a Public Hearing, part (5) Records  of the Duty Guidelines  and 
paragraph 7, Holding a Public hearing, part (5) Records  of the Measure Guidelines provides that 
"Statements at the public hearing shall be recorded in shorthand or in other manner".  Will 
interested parties also be required to submit their statements in written format to be placed on 
the official record of the investigation?  If not, will the record of the hearing, including 
"shorthand or other manner" be made publicly  available on the official record of the 
investigation?    
Reply
 
 
 Interested parties are not required to submit their statements in writing.  The record of the 
public hearing will be treated equally with eviden ce or views presented by importers, exporters, and 
other interested parties stipulated in Article 3 of the Safeguard Agreement, and it could be disclosed to 
interested parties.    Question 5 
 
 With regard to paragraph 1, Objective  of the Measure Guidelines , if there is a 
discrepancy between the Cabinet Order, the Regulations,  the Duty Guidelines , the Measure 
Guidelines,  and the Agreement on Safeguards, which would take precedence?    G/SG/Q1/JPN/8 
 Page 3 
 
 
  Reply  
  The laws and regulations concerning Safeguard s were drafted with deliberate consideration 
for observing consistency with the Agreement on Sa feguards.  Therefore, there are no contradiction 
among the Cabinet Order, the Regulations, the Duty  Guidelines, the Measure Guidelines, and the 
Agreement on Safeguards.  In the legal system of Japan, Cabinet order and regulations precede 
guidelines and Cabinet order precedes regulations.  Add itionally, the investigation authority of Japan 
operates based on both of the above guidelines in a uniform and integrated manner.  Therefore, no 
discrepancy will arise among the guidelines.    Question 6 
 
 Regarding paragraph 2, Basic Policy of Operation  of the Measure Guidelines , please 
clarify why it is necessary to hold two simultan eous investigations for an emergency duty.   
 Reply
 
  When the authorities conduct investigations, th ey apply two different frameworks.  One is 
applied for emergency duty, and the other for emergency measures.  These two procedures are 
conducted in a uniform and integrated manner by using the same questionnaires, evidence, 
testimonies and a forum for a public hearing.  Therefore, we do not have to regard them as "two 
investigations" in substance and th ey should be counted as one.   
  
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